CHUNNILAL Vs. KALU

JUDGEMENT

(1.) THIS is a Civil Second Appeal in a money suit.

(2.) KALU Plaintiff, who is Respondent No. 1 in this appeal, brought a suit for the recovery of Rs. 2,000/- against Chunnilal defendant appellant and his two brothers Lahrilal and Mohanlal defendant-respondent Nos. 2 and 3 respectively. The case of the plaintiff is that the defendants were members of a joint Hindu family and they in Smt. 2006 carried on business at Charbhuja Road under the name and style of Shah Lahrilal Mangilal and thereafter they carried on business in the name and style of Chunnilal Lehrilal in the town of Charbhuja. The case of the plaintiff further is that the defendants took a loan of Rs. 10,000/- pledging 166 tins of ghee and it was stipulated that the ghee will be sold through the agency of the plaintiff and the price credited in their account. The ghee was accordingly sold and after crediting the price thereof in the account of the defendants, a sum of Rs. 2,067. 75 remained outstanding against the defendants. Thereafter, the letter (Ex. 1) signed by Lahrilal on behalf of Chunnilal Lehrilal was received by the plaintiff by which he acknowledged the liability of the Firm Chunnilal Lahrilal for the amount due and promised to pay the money at an early date. After crediting some payment which need not be detailed, the plaintiff filed a suit for the recovery of Rs. 2,000/ -. The suit was contested by Chunnilal defendant. He denied that the letter was sent on behalf of the Firm or was even signed by his brother Lahrial. He further pleaded that he being the eldest brother, was the Karta of the joint Hindu family and Lahrilal had no authority to enter into any agreement to pay any amount or to acknowledge liability of Firm Chunnilal Lahrilal therefor. Both the lower courts have decreed the suit holding on all points in favour of the plaintiff.