JAYALAKSHMI ENTERPRISES Vs. KAMADHENU PESTICIDES

JUDGEMENT

(1.) All these appeals arise out of a common judgment dated 2-3-1987 rendered in O.S.Nos.109, 118, 120 and 327 of 1980 on the file of the Principal Subordinate Judge, Guntur. As all the suits are filed for recovery of amounts on the basis of Khathas and are between the same parties, the trial court conducted common trial in all the suits. On behalf of the plaintiff (M/s. Kamadhenu Pesticides) in O.S.Nos.109, 118 & 120 of 1980, P.Ws.1 to 3 were examined. P.W.1 worked as Accountant of the Plaintiff-firm. P.W.2 succeeded P.W.1. P.W.3 is a partner of the plaintiff. Exs.A-1 to A-609 were marked on behalf of the plaintiff-firm. On behalf of the defendants (M/s. Venkateswara Agro Agencies and M/s. Jayalakshmi Enterprises), D.Ws.1 to 3 were examined. D.W.1 is working as an Accountant in M/s. Venkateswara Agro Agencies, Guntur. D.W.2 is a partner of M/s. Venkateswara Agro Agencies. D.W.3 is working as Clerk in M/s. Jayalakshmi Enterprises. Exs.B-1 to B-122 were marked on their behalf.

(2.) On a consideration of the entire oral and documentary evidence on record, the court below dismissed O.S.No.109/1980 and partly decreed the other suits i.e., O.S.Nos.118, 120 and 327 of 1980. All these appeals arise out of the said common judgment. For the sake of convenience, M/s. Kamadhenu Pesticides is referred to as M/s. Kamadhenu, M/s. Jayalakshmi Enterprises is referred to as M/s. Jayalakshmi and M/s. Venkateswara Agro Agencies is referred to as M/s. Venkateswara.

(3.) We shall now deal with the contentions raised in each appeal with reference to the pleadings in each suit and the findings arrived at thereon by the court below. A.S.No.2729/1987 & A.S.No.2170/1987 (arising out of O.S.NO.120/1980): O.S.No.120/1980 is filed for recovery of Rs.69,650.74 by M/s. Kamadhenu against M/s. Jayalakshmi. The case of the plaintiff is that they appointed M/s. Jayalakshmi as dealer of pesticides in Guntur District. M/s. Jayalakshmi opened katha and purchased pesticides from them on credit basis from time to time and thus became due to a tune of Rs.45,414.74 towards principal besides interest of Rs.24,236.00 (totalling to Rs.69,650.74). Subsequently, M/s. Jayalakshmi wanted the plaintiff to supply the pesticides to M/s. Venkateswara Agro Agencies and debit the same to their joint khata. For the debts due under the joint katha, they filed a separate suit. In respect of the amount due in the present suit, it is the case of the plaintiff that M/s Jayalakshmi alone is liable to pay the same. Even though notice dated 21-2-1980 was issued by them, M/s. Jayalakshmi did not pay the amount due. Hence, the suit.