JANKILAL SHRINARAYAN Vs. HANUMAN

JUDGEMENT

(1.) THIS is a plaintiffs' second appeal arising out of a suit for money based on a promissory note for Rs. 1451/- alleged to have been executed by one Ramsingh, father of defendants Nos. l to 5 and husband of defendant No. 6. The plaintiffs' case was that there were dealings between the plaintiffs and the deceased Ramsingh on account of which a sum of Rs. 1451/- remained outstanding against Ram Singh for which he executed the promissory note in question. It is alleged that a sum of Rs. 101. 25 paisa was repaid and after giving credit for this amount the plaintiff filed a suit for Rs. 1259-75 paisa principal and Rs. 226-62 as interest at the rate of Rs. 6/- per cent. per annum, total Rs. 1496-37. The defendants denied the plaintiffs suit and pleaded ignorance regarding the execution of the promissory note by Ram Singh.

(2.) AFTER recording the evidence led by the parties the trial court decreed the plaintiffs' suit for Rs. 1259. 75 paisa and further directed that the defendants would be liable for payment of this amount to the extent of the property they have received from the deceased Ram Singh.