PHAGUMAL Vs. MANOOMAL

JUDGEMENT

(1.) THIS is an appeal under sec. 40 of the Displaced Persons (Debts Adjustment) Act (No. LXX of 1951 ).

(2.) THE respondent instituted a suit for recovery of Rs. 2542/4/-on the allegation that the defendant No. 1, Phagumal borrowed Rs. 1500/- on 16th December, 1965, and that he made certain payments leaving a balance of Rs. 1417/12/- to be recovered from the defendant. THE plaintiff claimed Rs. 124/8/- by way of interest at 12 % p. a. , making his total claim for Rs. 2542/4/ -. It was mentioned that the plaintiff and the defendants were residents of the territory now forming part of Pakistan and the loan was advanced in that territory It was mentioned that after the partition, the plaintiff and the defendant left Pakistan for good and settled at Took. Defendant No. 2 Narain was the son of defendant No. 1, and he was impleaded being a member of the joint Hindu family with defendant No. 1, and liable to pay the debt. THE suit was instituted in the court of Civil Judge, on 18th December, 1952. It was treated as an application under sec. 10 of the Displaced Persons (Debts Adjustment) Act, 1951, the Civil Judge being appointed a tribunal for the purpose of that Act. THE defendants did not admit the claim, and raised the plea of limitation THE learned Civil Judge found that there were money dealings between the parties in Pakistan, and a certain balance was truck by the defendant in the account book of the plaintiff, and that the amount of money claimed was due against defendant. On the question of limitation he held the claim within time. He accordingly gave a decree to the plaintiff for Rs. 1417/-12/- with costs. He did not allow interest on the principal amount claimed. THE debtor-defendant has filed this appeal.