DARSHAN SINGH Vs. MADAN GOPAL

JUDGEMENT

(1.) This is plaintiff's second appeal, whose suit for the recovery of Rs. 17,844/- as price of the wheat sold, was decreed by the trial Court, but was dismissed in appeal except for the amount of Rs. 978/- which was admitted by the defendants.

(2.) The plaintiff sold wheat to the defendants who carried on their business at Focal Point Market, Phuglana, in the months of April and June, 1980. The details of the wheat sold are as under :- <FRM>JUDGEMENT_142_LAWS(P&H)1_1985_1.html</FRM>

(3.) In the written statement, the defendants admitted the purchase of wheat as detailed above except for the purchase of 10 qunitals of wheat alleged to be sold by the plaintiff on 19th May, 1980. The defendants further pleaded that they kept regular account of the payments which were made to the plaintiff by them on different occasions and a sum of Rs. 978/- remained due from them to the plaintiff. It was denied that the plaintiff was entitled to claim any interest. As regards the notice, it was pleaded that no reply to the notice was given as after the issue of the notice and delivery of the same, the plaintiff admitted that it was a false notice. The trial Court found that the plaintiff was entitled to recover Rs. 17,158/- on account of the wheat sold to the defendants. It was further held that the plaintiff was entitled to claim interest at the rate of 12 per cent per annum, and thus a sum of Rs. 686/-, claimed as interest, was also allowed. Consequently, a decree for the recovery of Rs. 17,844/- was granted in favour of the plaintiff. In appeal, the learned Additional District Judge relying upon the entries in the account books maintained by the defendants, came to the conclusion that no amount was due to the plaintiff except a sum of Rs. 978/- which the defendants admitted in their written statement. In view of this finding, the plaintiff's suit was dismissed, except for a sum of Rs. 978/-. Dissatisfied with the same, the plaintiff has filed the second appeal in this Court.