MOHANLAL Vs. CHIMANLAL

JUDGEMENT

(1.) THIS is a civil first appeal by the defendant Mohanlal from the judgement and decree of the court of the Civil Judge, Udaipur dated the 4th of October 1954, by which the suit of the plaintiffs was decreed against Mohanlal appellant for a sum of Rs. 7,183/8/- which costs and with interest at the rate of 12 per cent per annum from the date of the institution of the suit till the date of the decree with future interest at the rate of 6 percent per annum from the date of the decree till realisation.

(2.) CHIMANLAL and Roshanlal through his next friend CHIMANLAL instituted a suit against Mohanlal and his son Bal Mukand on the 6th of July 1953 for sum of Rs. 7,183/8/-in the court of the Civil Judge, Udaipur with the allegation that CHIMANLAL and Devilal, father of the other plaintiff Roshanlal carried on a partnership business of running motor services, working forest contracts, etc. in the partnership of defendant Mohanlal under the firm name M. G. Company, which was dissolved on the 10th of January, 1951 and in consideration of the monies invested by CHIMANLAL and his son Devilal in the partnership business, Mohanlal executed a contract in favour of both CHIMANLAL and Devilal on the 10th of January, 1951, by which he undertook to pay an amount of Rs. 22,531/- by instalments or Rs. 1,000/- up to the time of setting in of rains and then of Rs. 2,000/-per month after rains as per terms contained in the agreement. The plaintiff claimed the following sums on account of the arrears of instalments on the basis of the contract of the 10th of January, 1951 : (1) Rs. 4,000/-on account of the arrears of the two instalments of Rs. 2,000/-each for the months of November and December, 1952; (2) Rs. 2,000/- on account of the arrears of the instalment of January, 1953; and (3) A sum of Rs. 531/- on account of the arrears of the instalment for the month of February, 1953; making a total of Rs. 6,531/ -. A sum of Rs. 652/8/- was added to the aforesaid sum of Rs. 6,531/-on account of interest on the arrears of instalments that had fallen due from the 7th of September, 1952 upto the 7th of July, 1953 at the rate of 12 per cent per annum.