KALYAN SAHAI Vs. FIRM LACHHMINARAIN SHAMBHULAL

JUDGEMENT

(1.) The firm of Lachhminarain Shambhulal acting through Lachhminarin filed a suit in the Court of the Munsif at Dausa on 20-10-1946, against Bhangwan Sahai and Kalyan Sahai for an amount of Rs. 573-7-0 with the allegations that the defendants had a partnership firm at Ranoli which used to deal in cloth, and which from time to time took from the plaintiff's firm cloth and cash to the extent) of Rs. 1,115-7-0 out of which an amount of Rs. 558 was paid to the plaintiff, thus leaving a balance of Rs. 557-7-0 against the defendants. The plaintiff added Rs. 16 by way of interest to the amount of Rs. 557-7-0 and claimed Rs. 573-7-0 from the defendants.

(2.) Kalyan Sahai, one of the defendants, disputed the claim of the plaintiff but Bhagwan Sahai admitted the claim in full. Kalyan Sahai alleged that there was no partnership firm of Bhagwan Sahai and Kalyan Sahai at Ranoli, and that the dealings alleged by the plaintiff did not take place.

(3.) After trying the case the Munsif, on 29-4-1947, granted a decree to the plaintiff and against both the defendants for an amount of Rs. 573-7.0 with future interest at the rate of 4 1/2 per cent. per annum.