SADHU RAM NANAK CHAND Vs. JOGA SINGH

JUDGEMENT

(1.) THE petitioner-M/s Sadhu Ram Nanak Chand (to be referred as "the firm") which is partnership firm, filed a suit for recovery of Rs. 4145.00 against the respondents who constitute a joint Hindu Family, of which respondent No. 3 is the Karta. Respondent Nos. 1 and 2 are latter's sons. Details of various amounts advanced by the firm are given in para No. 4 of the plaint.

(2.) IN the written statement, the respondents pleaded that a sum of Rs. 2280.50 only, was borrowed by them from the firm and further that sale-price of the produce sold by them to/through the firm on 01.11.1976, 08.11.1976, 19.5.1977, 29.10.1977 and 03.11.1977, viz. Rs. 5496.30 should be set-off against the amount borrowed, as the same (sale-price) was due from the latter. The firm was also stated to be money-lender but it does not hold a money-lending licence, and as such, the suit has pleaded to be not maintainable. It was further pleaded that firm should have, in fact, filed a suit for rendition of accounts.

(3.) TRIAL Court decreed the suit to the extent of Rs. 2280.50 only, with proportionate costs and future interest at the rate of 6% per annum from the date of filing the suit till realisation of the decretal amount. But, the first appellate Court accepted appeal filed by the respondents and dismissed the suit, leaving parties to bear their own costs.