ASARFI MANDAL Vs. PARVATI DEVI

JUDGEMENT

(1.) This appeal has been filed by the defendants. It arises out of a suit instituted by the original plaintiff, named Sadho Mandal, for realisation of Rs. 2343-12-0 as principal plus Rs. 140 as interest, on the basis that the defendants had purchased 75 maunds of rice on the 15th April 1961. Sadho Mandal died during the pendency of the original suit and the present respondents were substituted in his place. The trial court decreed the suit for the principal amount of Rs. 2343-12-0 and rejected the claim for the consolidated Interest charged. Future interest was granted. On appeal the trial court decree has been affirmed.

(2.) The relevant facts are as follows: The original plaintiff had alleged that the defendants were members of a joint Hindu family governed by the Mitakshara School of Hindu law and they had a joint family business dealing in grains. They had purchased 75 maunds of rice on credit on the 15th April, 1961, promising to pay the price within a month after selling it. It was alleged that the defendants had sold the rice, but they had not paid the price thereof. The suit was contested by the defendants and in substance, their case was that they did not have any business of dealing in grains and they had never purchased grain on credit. The alleged purchase was denied and reasons were advanced for instituting this suit falsely. All the facts have been found against the defendants by both the courts below.

(3.) Learned counsel for the appellants has submitted, that before entering into the evidence led by the plaintiffs regarding the disputed transactions, the court of appeal below had really come to a finding of fact that the plaintiff's case was correct, in paragraph 8 of its judgment and therefore the judgment of the court of appeal below is not in accordance with law. The following sentence in the judgment has been relied upon for his contention: