RULIA DEVI Vs. RAGHUNATH PRASAD

JUDGEMENT

(1.) This appeal by the appellants arises out of a suit filed by the plaintiff for a mortgage decree for a sum of Rs. 11,478 with pendente lite and future interest. The plaintiff Raghunath Prasad and the defendant No. 1 Ram Chandra Prasad are brothers. By a registered partition deed dated 2-4-1950 there was a final partition between them, There were certain transactions between the parties, the details whereof are not necessary to state here in view of the scope of the present appeal at this stage and the arguments. Ultimately, the defendant No. 1 as the karta of his family executed a mortgage document (Ext. 2) in respect of a house in Sitamarhi town for a sum of Rs. 6,500 on 5-12-1951. A sum of Rs. 4,250 was received by him in cash and there was an adjustment, of the balance amount. The plaintiff claimed to be a registered money lender and filed the suit for realisation of the dues under Ext. 2. The account mentioned at the bottom of the plaint indicates that besides the principal amount of Rs. 6,500, interest at the rate of 6 per cent per annum was claimed from the date of execution till the date of the filing of the suit. The other defendants impleaded in the suit were sons and a grandson of defendant No. 1.

(2.) The defendants admitted the transaction but pleaded payment of a sum of Rs. 4,700. It has further been said that if the accounting is done, nothing would be found due from the defendants. The payments, however, were denied by the plaintiff.

(3.) The trial court disbelieved the defence story of part-payment and decreed the suit for the full amount along with pendente lite interest at the rate of 6 per cent per annum with a direction that the total interest would not exceed the principal amount of Rs. 6,500 in any case.