NALIN BEHARI ROY Vs. BISWESWAR BHATTACHARJYA

JUDGEMENT

(1.) THESE two connected appeals have arisen out of one judgment and two decrees passed by the Lower Appellate Court. Nalin Behari Roy, appellant in Second Appeal No. 1003 of 1954 of this Court, was the sole plaintiff in Money Suit No. 13/4 of 1951 in the Third Court of the Munsif at Bankura. Kanial Ratan Kavivaj, appellant in Second Appeal No. 1004 of 1954 of this Court was the sole plaintiff in Money Suit No. 5 of 1951 of the same Munsif's Court. The claim in the first mentioned Money Suit was Rs. 1758/12 as, and the claim in the other Money Suit was Rs. 806/ -. The simple case of the two plaintiffs of the two suits was that Bisweswar Bhattacharjya, who is the common defendant in both the suits, took loans of money from the two plaintiffs for the purpose of his personal business, agreeing to pay interest at twelve per cent. per annum and the amounts mentioned above were still outstanding on account of principal and interest.

(2.) BOTH the suits were contested by the defendant. His defence was that the loans in question had not been incurred by him on his own personal account, but he contracted the loans as Secretary of a Society known as Tiluri Samabay (Co -operative) Samity (Society) and for the purpose of that Society. The defendant also pleaded. some payments.

(3.) TWO appeals were preferred by the defendant from the judgment and decrees passed by the Trial Court. The Lower Appellate Court allowedthe appeals and dismissed the suits of the two plaintiffs on the finding that the loans were contracted by the defendant as Secretary of Tiluri Samabay Samity, and for the purpose of the Samity to the knowledge of the two plaintiffs, and the defendant had no personal liability to repay the loans.