HARIBUX GOURI SANKAR FIRM Vs. SUBHAKARAN TULSIRAM

JUDGEMENT

(1.) THIS appeal arises out of a suit filed by the plaintiffs appellants for recovery of rs. 5,318-15-9 as price of 200 tins of groundnut oil alleged to have been supplied on February 29, 1952 on credit to defendant No. 1 Messrs. Subhakaran Tulsiram a firm of which defendant No. 2 Tulsiram is said to be the managing proprietor. The plaintiffs also claimed Rs. 1,436-0-3 as interest, the total amount claimed in the suit being Rs. 6,755/ -. The suit was filed on February 28, 1955 after giving notice. In support of the plaintiff's claim they relied on certain entries in Jama Bahi Ext. 1 and Ledger, Ext. 2. In defence the plaintiffs' alleged claim was denied. It is alleged that the suit was filed out of enmity due to litigation between the parties with which back-ground we are not directly concerned for the purpose of deciding this case. The learned trial Court dismissed the plaintiffs' suit mainly on the ground that the books of account on which the plaintiffs mainly relied were not regularly kept in the course of business and accordingly no reliance can be placed on them.

(2.) THE entry in Jama Bahi dated February 29, 1952 in Hindi as translated in

(3.) THE plaintiffs' case is that these entries in the books of account were regularly kept in the course of business. In support of their case they examined their accountant P. W. 1 and their weighman P. W. 6. One of the plaintiffs being plaintiff no. 2 was also examined as P. W. 4. The accountant P. W. 1 said that defendant no. 2 Tulsiram took on credit 200 tins of groundnut oil from the plaintiffs and that the same were delivered to him; he (P. W. 1) was present at the time of the said transaction, that he got the tins weighed; it was noted in the Account book (Zama bahi) which is kept in due and regular course of business. The witness also said that the Khata is in his handwriting and that the entry in Jama Bahi Ext. 1 is in his handwriting. The witness further said that the corresponding entry in the Ledger is also in his handwriting and the Ledger is also kept in due and regular course of business. The evidence of the other witnesses examined on behalf of the plaintiffs is also to the same effect.