CHOMU HENGSU Vs. SANKARA BELCHAMPADA ALIAS SANKARA POOJARI

JUDGEMENT

(1.) We think there is no evidence on which it can be held that the money was borrowed for family purpose. There is some evidence that some money was borrowed for the expenses of the defence of a member of the family who was prosecuted in a Criminal case but the nature of the Criminal case does not enable us to say that the defence was for a family purpose.

(2.) The District Judge has not found whether the l0 defendant was in possession or the plaintiffs were in possession. We must ask for findings on the 2nd and 3 issues on the evidence on record.

(3.) The finding should be submitted within six weeks and seven days will be allowed for filing objection.