RAJ NARAIN PRASAD SAH Vs. SURYA PRASAD SHARMA

JUDGEMENT

(1.) The plaintiff-appellant has filed this suit for a money decree amounting to Rupees 31,997.50 paise on the basis of two hand-notes dated 19-6-1960 and 7-4-1961 executed for Rs. 15,000/- and Rs. 10,000/-respectively. According to his case, all the seven defendant's are members of a Hindu joint Mitakshara family with the defendant No. 1 as the karta. The family of the defendants has been carrying on contract business and defendant; No. 1 borrowed a sum of Rs. 15,000/- on 19-6-1960 for the purposes of the business. The interest was fixed at one per cent per mensem. Subsequently on 7-4-1961, the defendant No. 1 obtained another loan of Rs. 10,000/-. The entire family of the defendants being interested in the business, is said to be bound by the transactions. In spite of demand, the dues have not been paid off. The plaintiff has, on these allegations, filed the suit and has mentioned the account of his claim in the plaint.

(2.) The Genealogical table included in the plaint indicates that one Indrajeet Prasad Tiwary left behind four sons, namely, Bir Prasad Tiwary who was the father of defendants 1 to 4, Lal Prasad Tiwary, father of defendant No. 5, Ambika Prasad Tiwary (Defendant No. 6) and Sarjug Prasad Tiwary (Defendant No. 7). Surya Prasad Sharma (Defendant No. 1) is the eldest son of Bir Prasad Tiwary.

(3.) Separate written statements were filed by defendants 1, 5, 6 and 7. Defendants 5 to 7 have pleaded that all the defendants are separate and the plaintiff's allegations of their jointness and defendant no, 1 being the karta are incorrect. It has also been stated that the family, at no point of time, was interested in the contract business or in any kind of business. The family has been interested in cultivation. It has been emphatically denied that any money had been borrowed by or on behalf of the family of the defendants.