SHIVDAYAL Vs. RAMRIKH AND OTHERS

JUDGEMENT

(1.) THIS is an appeal by the plaintiff against the judgment and decree of the District Judge, Ganganagar, dated, 9 -4 -1951.

(2.) THE facts giving rise to it are that the plaintiff -appellant brought a money suit for Rs. 10,000/ - in the Court of District Judge, Ganganagar on 4 -1 -1947 on the basis of a bond dated 25 -5 -1934 which is marked Ex. P. 1. It was averred by him that Basti, who was father of defendants 1, 2, and 3 (Ramrikh Ganesha and Sureta) and Bakhta, who was father of defendants 4 to 7 (Panna, Parsa, Moola and Sheodayal) had executed the said document in his favour for an amount of Rs. 5700/ - which were found outstanding against them on the date of its execution. The said amount was payable in 57 annual instalments beginning from Samwat year 1991 and ending in Samwat year 2047. Then it was stated that the defendants had paid the instalments from Samwat 1991 to Samwat 1997 and that they stopped payment thereafter. In this manner only Rs. 700/ -were paid and the principal amount of Rs. 5000/ -still remained unpaid. According to the plaintiff, he was entitled to get interest at 12 per cent per annum according to the terms of the bond and, therefore, he added Rs. 5000/ - for interest up to the date of the suit and prayed that a decree for Rs. 10,000/ - be passed against the defendants.

(3.) THE plaintiff went in appeal to the Court of District Judge, Ganganagar but with no success. Hence this second appeal.