MANAK CHAND Vs. KEWAL CHAND

JUDGEMENT

(1.) THIS is a reference to a Division Bench.

(2.) MANAK Chand and his brothers instituted a suit for return of their jewellery pledged with the defendant Kewal Chand to secure a loan of Rs. 2312/- agreeing to pay the amount which may be found due. The defendant pleaded that the amount due against the plaintiffs was Rs. 9993/8/6. The trial court passed a decree for return of the jewellery conditioned on their making a payment of Rs. 3342/4/0. Both parties went up in appeal. The District Judge dismissed the plaintiff's appeal, but allowed that of the defendant, and raised the amount due to Rs. 6791/4/- with future interest at 6% per annum. The plaintiffs filed a second appeal for reduction of the amount, while the defendant filed cross-objections for increase of the amount. The appeal and the cross-objections came before Nawal Kishore C. J. and Sharma J. , and by judgment dated 13th October, 1950, the appeal was dismissed, the cross-objections were allowed; and the amount payable to the defendant was raised to Rs. 7819/6/6. The operative portion of the judgment was: - "the result is that the sum decreed in favour of the defendant is increased by Rs. 1028/2/6 to Rs. 7819/6/6 with future interest at 6% per annum. The plaintiffs shall pay the decretal amount within a period of three months from this date. "