ZORAWAL MAL Vs. SAGAR MAL

JUDGEMENT

(1.) This is the defendants' appeal in a money suit. The plaintiffs have filed cross- objections for being allowed interest pendente lite and till realisation.

(2.) The respondents and their father Bhaniram, since deceased, sued the appellants and their father Shrichand for recovery of Rs. 2000/-on the basis of a Khata dated Adad Such 13 Section 1988. It was alleged that the defendants were indebted to the joint family firm of the plaintiffs and on Asad Sudi 13 Section 1988, a sum of Rs. 1183/11/9 remained due against the defendants. Thereafter interest was added for a period ending Asad Sudi 13 Section 1991 making the amount due Rs. 1403/12/6 in payment whereof Rs. 195/-were received and the entry of payment was signed by Shrichand leaving a balance of Rs. 1207/12/6. The plaintiffs claimed Rs. 792/3/6 as interest till the date of suit making the claim at Rs. 2000/-.

(3.) Shrichand admitted his signature on the balance of Rs. 1183/11/9 outstanding on Asad Sudi 13, Section 1988, and also under one item of Rs. 144/-/6 debited on account of interest for two years ending Asad Sudi 13 Section 1990. He also admitted that under the second debit item of Rs. 76/3/3 on account of interest for a period of one year till Asad Sudi 13 Section 1991, the signatures were those of his son Zorawar Mal, defendant. He denied having repaid Rs. 191/- on Asad Sudi 13 Section 1992 or having affixed his signatures on the entry of repayment appearing in the Khata. It was alleged that this was a bogus entry & the signatures were forged and only brought into existence to save limitation. Defendants 2 to 5 were sons of Shri Chand and did not file any separate written statement. Defendants NOS. 6 and 7 were co-sharers of the plaintiffs and made pro forma defendants.