BHANSARLAL PARAMSUKH Vs. NAVALKISHOR MUNGALAL

JUDGEMENT

(1.) THIS is defendants' first appeal and arises out of a suit brought by the plaintiffs-respondents in the Court of the Civil Judge, First Class, Guna, to recover from them a sum of Rs. 8,000/-, The plaintiff's case as laid out in the plaint is that the defendants who are members of a joint Hindu family and carry on business in the name of Mansukhdas Khemchand, had from time to time borrowed various sums of money from the plaintiffs; that an account of these dealings, was made on 285-1939 when a sum of Rs. 8,000/- was found due to the plaintiffs; that the defendant No. 1, who was then the manager of the business and Karta of the joint family admitted the correctness of the balance and affixed his signature to the debit entry in plaintiffs' Bahi. It is then alleged in the plaint that on 25-4-1942 the defendant No. 3 borrowed a further sum of Rs. 125/- and signed the debit entry in the plaintiff's Bahi acknowledging receipt of this loan that on 27-5-1945 defendant No. 3 approached the plaintiff and offered to clear the old account by payment of the principal sum; that an account was thereupon made between the parties when a sum of Rs. 8,000/- was found due; that the said defendant promised to pay this amount within a couple of days and signed the debit entry in plaintiffs' Bahi; that the defendant did not fulfil the promise. Besides this sum of Rs. 8,000/-, the plaintiffs claimed that they were entitled to Rs. 5,931/4/- for interest and the miscellaneous sum of Rs, 125/- borrowed by the defendant No. 3; but they relinquished their claim with respect to it and filed a suit to recover Rs. 8,000/- only.

(2.) THE defendants filed separate written statements in which they denied the plaintiffs' claim. They also denied having signed the entries in the plaintiff's book. In the additional pleas raised by them the defendants pleaded that the suit was barred by time; that the defendants were agriculturists and that they were not liable to pay Rs. 8,000/- as this sum included compound interest which was not recoverable under the Gwalior Interest Act dkuu lwn fj;klr Xokfy;j laor 1974

(3.) ON these pleadings the trial Court framed issues and recorded evidence which the parties tendered. In the end the Court decreed the plaintiff's claim. Aggrieved by this decree, the defendants have preferred this appeal.