RAM PRIYA SARAN Vs. GHAN SHAM DAS

JUDGEMENT

(1.) This is a defendant's second appeal in a suit for recovery of Rs. 2,700/-. Of the two defendants only the second defendant who is the appellant in this Court contested the suit. The suit was decreed for recovery of Rs. 2,300/- by trial court with proportionate costs and that decree has been confirmed by the lower appellate Court.

(2.) In this case the fact that the amount decreed was paid by the plaintiff to the defendant was not disputed. The dispute related to the terms and the purpose for which the money was advanced. The iurisdiction of the court was also disputed on the ground that the agreement between the parties was completed outside the limits of the territorial jurisdiction of the court.

(3.) The two questions raised before the lower appellate Court were; firstly; whether the agreement between the parties took place at Shankaragarh or it took place at Devendra Nagar. and whether the amounts were advanced at Shankargarh or at Naugaon and Devendranagar; and secondly whether the agreement between the parties amounted to an agreement of partnership and it actually resulted in partnership and the frame of the suit is bad and it is barred by the provisions of the Partnership Act. On an appraisal of the evidence on the record, the lower appellate court held that the agreement between the parties was arrived at, and the amounts were also advanced at Shankargarh within the District of Allahabad and consequently the court at Allahabad had the jurisdiction to entertain the suit. So far as this finding is concerned, it is concluded by facts found concurrently by the two courts below on an appraisal of the evidence on the record, and is not open to challenge on second appeal.