GANESH Vs. MALLU MAL GIRDHAS DAS

JUDGEMENT

(1.) This is a defendants appeal against a judgment and decree of the learned Addl. Subordinate Judge of Benares in a suit for recovery of money.

(2.) There are several defendants in the case but the case as presented to us does not require consideration of the case set up by the defendants, other than defendant 1, as defendant 1 must be treated as the "karta" of the Joint family consisting of defendant 1 and the other defendants.

(3.) The plaintiff's case as disclosed in the evidence of, Kashmiri Mal was that the "sarkhat" Ex. 1 was executed by Ganesh Misir defendant 1, that on 18 October 1923 the accounts were balanced and Rs. 16,518-7-6 were found due to the plaintiff, that thereafter on 7 October 1924 there was another accounting, and finally, on 17 May 1926, Rs. 14,287-2-6 were found due to the plaintiff, and the plaintiff claims that sum together with interest.