MUKAT LAL Vs. GULAB SINGH-PRAN MAL

JUDGEMENT

(1.) This is a defendants appeal arising out of a suit for recovery of a principal sum and interest pendente lite and future. The pleadings in this case were so badly drafted that we had to spend a considerable time in trying to understand them. It was after a great deal of difficulty that even the counsel for the parties agreed as to the respective cases of the parties put forward by their clients. It would be convenient to summarize the cases as follows:

(2.) According to the plaintiffs the defendants purchased 20 grain pits from the plaintiffs, which are ready for delivery, paying Rs. 500 per pit as margin money, and promising to pay the balance with interest at Rs. 0-12-6 per cent per mensem. Only 18 out of the 20 grain pits were filled up and were actually ready for delivery. They however remained with the plaintiffs. When the price of grain fell the plaintiffs made a demand to the defendants to deposit more money which they failed to. do and consequently the plaintiffs sold the goods on 10 November 1922 and realized the price. The last payment of the price was however received on 18 December 1922 and the suit was instituted within three years from that date for the loss. The 18 khattis were divided into 2 khatas, one of 12 and the other of 6.

(3.) The plaintiff did not suggest that there was any other parallel contract with the defendants at the time.