BASTIRAM Vs. MEGHRAJ

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff in a money suit.

(2.) THE appellant Basti Ram sued Ram Nath and Megh Raj on the 29th of June, 1943, on the basis of a bond dated Baisakh Vadi I, Smt. 1987,execu-ted by the said defendants for a sum of Rs. 176/8/ -. It was alleged that the defendants paid Rs. 60/- as interest and the plaintiff claimed Rs. 176/8/-as principal and Rs. 173/8/- as interest. THE plaintiff made Kami Dan his brother a pro forma defendant on an allegation that on a partition between the brothers, the debt had fallen to the share of the plaintiff. THE defendants pleaded that they had paid the entire amount of this debt along with other debts to Karni Dan on 27th of December, 1939, and produced a receipt in support thereof. THE trial court dismissed the suit but on appeal it was held that the receipt executed by Karni Dan did not exonerate the debtors so far as the plaintiff's half share in the debt was concerned and a decree for Rs. 117/8/- was passed.