(1.) THIS is a regular first appeal by the plaintiffs Murlidhar and Banwarilal as owners of the firm Murlidhar Banwarilal against the judgment and decree of the Civi1 Judge. Alwar, dated the 22nd March, 1954, dismissing their suit for money.
(2.) THE plaintiffs were a firm who at all material times carried on business of the sale and purchase of cotton seeds in the name of Murlidhar Banwarilal at Khairthal in Mandi Teiganj, District Alwar. THE defendants are alleged to be owners of two firms Raghunath Sahai Kishorelal and Ramjilal Jainarain which also carried on business at Khairthal but which combined together and established a firm named Rughnath Sahai Kishorelal at Mirpurkhas, and this latter firm carried on business as commission agents. THE case of the plaintiffs, put briefly, was that they entered into certain forward transactions for the sale and purchase of cotton seeds under the commission agency of the defendants firm at Mirpur khas for the deliveries of May and October, 1947, and January, 1948, the particulars of which have been given in para 3 of the plaint but which need not be repeated here as there is no dispute about these transactions having taken place as alleged. It is admitted between the parties that the plaintiffs earned a profit of Rs. 17,755-13-9 in the transactions relative to the May delivery and that they suffered a loss to the extent of Rs. 953-2-0 in connection with the transactions relating to the October delivery and again earned a profit of Rs. 2,828-2-0 in connection with the transactions relating to the January 1948 delivery, and in this way they earned a total profit of Rs. 19,630-13-9. As against this, it is also admitted that a sum of Rs. 1,332-9-3 was due from the plaintiffs to the defendants by way of the latter's commission charges and other incidental expenses, the net profit due to the plaintiffs thus being Rs. 18,298-4-6. THE plaintiffs added to this a sum of Rs. 1,000 which was also admittedly deposited by them with the defendants and acknowledged that they had received a sum of Rs. 13,000 from the defendants towards their profits on the afore-mentioned transactions. THE plaintiffs thus claimed that they were entitled to receive a sum of Rs. 6,298-4-6 and to this they added a further sum of Rs. 368-4-9 as interest at the rate of six per cent, per annum, and a further sum of annas 0-11-0 as expenses of the notice given to the defendants and filed the present suit for the recovery of Rs. 6,667-4-3 and also claimed pending and future interest. This suit was filed on the 26th July, 1948, in the court of the Civil Judge, Alwar.
(3.) QEZ fd'kksjhyky ls okfdq gwa A ;g ehjiqj [kkl esdke djrh Fkh] iddh vkmr fcrksys dh deh'ku ,tsav Fks A** I am acquinted with the firm Kishorelal Jagannath. It used to do business at Mirpurkhas. It traded as a Pakki Adat agent in cotton seeds.) P. W. 6 Murlidhar :"