UHANSHYAMDAS Vs. GHASILAL

JUDGEMENT

(1.) THIS is defendants' appeal from a decree for Rs. 25,737. 71 P. and interest pendente lite and future till realisation at 4% per annum.

(2.) FIRM Mangturam Jhuthalal advanced loans from time to time to the defendants' firm. On February 28, 1962, the defendants signed an entry in the books of account of the creditor FIRM. The suit loan was allotted to plaintiff Ghasilal when there was a partition of the joint Hindu family FIRM Mangtulal Jhuthalal. The suit was for recovery of Rs. 25,737.71 P. as principal, Rs. 3,925.29 P. as interest, and Rs. 7.60 P. as notice costs; total Rs. 29,670.60 P. The defendants resisted the suit on several grounds, two of them only need be mentioned. It was contended that the entry dated February 28, 1962, in the plaintiff's books of account could not be the basis of the suit as it was a mere acknowledgment. Secondly, the plaintiff being a moneylender, the defendants were entitled to the benefit of the Moneylenders Act.

(3.) THE entries (Exh. P. 1) which the plaintiff filed in the trial Court are these: