FIRM KANIRAM GANGADHARAND ORS. Vs. RAMLAL POONAMCHAND

JUDGEMENT

(1.) THIS second appeal is filed on behalf of the Defendant under the following circumstances.

(2.) PLAINTIFF Ramlal filed a suit against the Defendant for recovery of Rs. 2,000/ - on the basis of Hundi dated Agan Badi 3 S.Y. 2003 executed by the latter. The Hundi contained an endorsement on back indicating a repayment of Rs. 1,000/ - on Agan S.Y. 2003. The Hundi was to mature on (sic) Sudi 3 S.Y. 2004.

(3.) THE defence was that the Defendant has (sic) received Rs. 1,925/ - at the time of the execution of the Hundi as Rs. 75/ - for interest had been deducted in advance. He paid Rs. 1,000/ - on Fagun Badi 4 S.Y. 2003. Besides this Plaintiff had entered into a transaction of gunny bags with Pranjeevan Ambalal. Pranjeevan Ambalal claimed from the Plaintiff margin money. Plaintiff thereupon got the Defendant to accept the Havala for Rs. 928 -12 -0 on Fagan Sudi -5 S.Y. 2003. Pranjeevan Ambalal thereafter recovered this sum from the Defendant. Thus the Defendant had satisfied the entire claim of the Plaintiff.