BASANTI BAI Vs. ABHAY KUMAR

JUDGEMENT

(1.) APPELLANT -Defendants have directed this appeal against the judgment and decree dated 21st January. 88 rendered by IADJ Mandsaur in CS No. 26B of 86 thereby passing a decree for Rs. 28,426.70 with costs, interest pendente lite and future interest at the rate of 6% per annum till realisation of the decretal amount in favour of the respondent/plaintiff and against appellants.

(2.) BRIEFLY stated the facts of the case are that original/defendant deceased Ambalal purchased four gold bangles and one gold waist band from the plaintiff - respondent Abhaykumar for Rs. 28,426.70 and the said ornaments were given to the deceased Ambalal and obtained his signature on a chit describing the cost, weight and other details of the said ornaments. Deceased Ambalal on this chit endorsed that he shall pay costs of the said ornaments by Wednesday or Thursday and put his signature below the said endorsement. Despite several requests of the plaintiff, deceased Ambalal did not make payment. Ultimately, notice dated 17.6.86 was served on deceased Ambalal demanding the cost of the said ornaments but even after receipt of the said notice, the amount was not paid. As such suit for the recovery of the said amount along with interest by way of compensation, has been filed against Ambalal.

(3.) LEARNED trial Court, on the basis of the pleadings of the parties framed issues and on evaluating the evidence of the parties available on record, allowed the plaintiff's suit and passed decree against the defendant/appellants as indicated above. Aggrieved, the appellants have filed this appeal against the impugned judgment and decree of the trial Court.