BISHWANATH JHA Vs. CHANDESHWAR JHA

JUDGEMENT

(1.) Defendant No. 1 of Money Suit No. 49 of 1972 of the Court of Munsif. Jamui, is the appellant against the judgment of reversal.

(2.) Plaintiff-respondent No. 1 had instituted the suit for realisation of a sum of Rs. 4,390, being the principal and interest money for the loans advanced to the appellant on 27th Chait 1376 Fasli. 15th Baisakh 1376 Fasli and 15th Jeth, 1376 Fasli, in token whereof hand-notes were said to have been executed by defendant No. 1-appellant. Shortly speaking, the case of the plaintiff was that the appellant took the aforesaid loans as Karta of his joint family on execution of the aforementioned hand-notes, on each such date, as has been specified, stipulating to pay back the same with interest at the rate of 1 1/2 per cent per mensem but the claim for interest has been based only at the statutory rate of one per cent per mensem.

(3.) The appellant contested the suit denying to have taken any loan or to have executed any hand-note in favour of the plaintiff. His defence was that the hand-notes in question were forged ones. He also denied jointness among the defendants. The other defendants have been impleaded as respondents 2 to 6 in this appeal.