HAZARIMAL Vs. TH RAMSINGH

JUDGEMENT

(1.) THIS civil regular second appeal by the plaintiffs Hazarimal and another has been directed against the judgment and decree of the District Judge, Pali, dated the 4th August, 1960, in a suit for money.

(2.) THE material facts leading up to this appeal are, to a certain extent, common ground between the parties and these may be stated first. Thakur Ram Singh was indebted to one Pukhraj Devichand and in order to pay him off, he borrowed a sum of Rs. 4951/- from the plaintiffs on the 8th April, 1952, and in lieu thereof executed a promissory-note, Ex. 1, in favour of them, stipulating to pay interest thereon at the rate of one per cent per mensem. On the 13th December, 1952, an accounting was done between the parties, and it was found that a sum of Rs. 5430/- was due from the defendant to the plaintiff. This account was settled as follows: -

(3.) THE learned Judge framed the following issues: - (1) Whether it was the responsibility of the plaintiffs to recover the sum of Rs. 3226/8/- which was due from Sewapuri and was outstanding because the plaintiffs had also a share in the THEka for the Jor along with Sewapuri and all the papers relating thereto were in the possession of the plaintiffs in their capacity as Aam-Mukhtars of the Thikana? (2) Whether the plaintiffs are precluded from realising the sum of Rs. 3226/8/-from the defendant Ram Singh inasmuch as they failed to give notice to him within a reasonable time of Mah Sudi 15, Smt. 2009, it being the due date for payment of the amount? (3) Whether in view of the fact that in the event of the said sum not having been realised from Sewapuri, the responsibility for recovering it being that of the Thikana, Thakur Ramsingh personally was not responsible to pay the same as his Thikana, in the meantime, had been resumed. (4) Whether the plaintiffs were not entitled to recover interest at the rate of one rupee per cent, per mensem on the sum of Rs. 3226/8/- from the date of the accounting? and (5) What relief? THE trial court decided all the issues against the defendant and decreed the plaintiffs' suit for Rs. 4300/- and allowed future interest on the same at the rate of four per cent per annum.