RAMGOBIND PRASAD Vs. GULAB CHAND SAHU

JUDGEMENT

(1.) This appeal arises out of a suit for recovery of Bupees 1066-12-3 on basis of bahi khatas.

(2.) The plaintiffs case is that the defendants are members of a joint family, defendant 2 being the karta. They have two confectionery shops in Samastipur, and for the purpose of those shops they used to purchase from the plaintiffs firm flour, sugar, etc., on credit and made payments from time to time. The transactions were going on for some years, but the plaintiffs dues up to 14th Asarh 1340 were paid up. The transactions continued after that date till 13 Jeth 1342. The claim in the suit relates to the transactions between the period from 14 Asarh 1340 to 13 Jeth 1342. The amount claimed includes interest at one per cent, per mensem which the defendants are said to have agreed to pay. The defence was a total denial of the transactions. It was also pleaded that defendant 2 and his son defendant 9 were separate from defendant 1 and his sons defendants 3 to 8.

(3.) The learned Munsif decreed the suit against all the defendants holding that they were all joint, and that the transactions alleged by the plaintiffs were true. He found that the account books of the plaintiffs were genuine and were kept in regular course of business.