V K ABRAHAM Vs. N K ABRAHAM

JUDGEMENT

(1.) THE defendant in O. S. No. 91 of 19vo in the Court of the Subordinate judge, Padmanabhapuram, is the appellant. The plaintiff is a rubber dealer in kulasekharam. The defendant is the owner of a rubber estate called the Cross field Plantation at Kaliel. From the year 1963 the defendant was supplying sheet rubber as well as scrap rubber to the plaintiff from time to time. The plaintiff was also supplying estate stores and other materials. There were in addition cash transactions between the parties. The last of the dealings between the plaintiff and the defendant was on 23rd July 1966. The defendant did not thereafter supply any rubber. The account of the defendant stood at a debit of, or overdrawn on that date by a sum of Rs. 46,505. 67. The plaintiff filed the present suit for reco. , very of this sum along with interest at 12 per cent per annum, after giving credit for a sum of Rs. 8,494. 20 being the amount due to the defendant's father M. K. Kuriakose on account of the price of scrap rubber supplied by him to the plaintiff. This credit entry was made on 20-41968. The present suit was for recovery of Rs. 58,660 including interest and future interest and costs.

(2.) THE defendant in his written statement stated that how the amount of the opening balance of Rs. 8,306. 05 was due to the plaintiff was not clear, as the plaintiff had not produced the accounts for the year 1963-64, The defendant, therefore, reserved his right to file a detailed written statement when the particulars for the said amount were furnished by the plaintiff but he did not do so even after those accounts were filed. According to the defendant the plaintiff had not accounted for the price of the rubber properly and the plaintiff was not justified in adjusting the amount due to Kuriakose in his account. The defendant denied liability to pay interest, There was also a plea that the suit was hopelessly barred by limitation.

(3.) ON the pleadings the following issues were framed for trial -