RADHA KRISHAN Vs. MOHAN SINGH

JUDGEMENT

(1.) THIS is a second appeal by the defendant in a suit for recovery of money.

(2.) THE respondent Mohansingh instituted a suit for recovery of Rs. 925/- in the court of Munsif, Banera, on 29th January, 1952, on the allegation that the plaintiff Mohansingh and his younger brother Chandrasingh were members of a joint Hindu family carrying on business, and plaintiff was the Karta thereof. It was then alleged that the defendant was indebted to the plaintiff for a sum of Rs. 780/- carrying interest 6% per annum in respect of a promissory note executed by the defendant on 1st February, 1949. THE plaintiff claimed Rs. 780/- as principal and Rs. 145/- on account of interest.

(3.) LEARNED counsel for the appellant also relied on an unreported decision of this Court in Bherunlal vs. Mohansingh (civil second appeal No. 199 of 1954 ). That case concerns the same two persons Mohansingh and Chandrasingh, although the defendant was different, but it relates to a suit for sale of mortgage property on the basis of a mortgage deed, which had been executed in favour of Mohansingh and Chandrasingh. The Court relied on Achaldas vs. Chimniram (1), but that case can also be distinguished on the ground that it related to the enforcement of a mortgage, and in the deed they were described as comortgagees. The judgment does not say that this was a debt advanced by the joint Hindu family firm, and it was the joint family which was interested in recovering the debt.