GOPAL DAS Vs. GOSWAMI BANMALI LAL

JUDGEMENT

(1.) The suit out of which this appeal has sprung was brought by the plaintiff- appellant to recover a sum of Rs. 16,990 and certain ornaments alleged to be worth Rs. 8,000.

(2.) The two defendants to the suit are two brothers, Goswami Banmali or Banwari Lal and Goswami Damodar Lal. According to the allegations in the plaint these two defendants are members of a joint Hindu family, the second defendant being the managing member. The plaintiff alleged in his plaint that he was the spiritual disciple (chela) of the defendant No. 1 while his wife is the disciple of the second defendant. The case for the plaintiff was that at various times he had advanced sums of money to those defendants and in particular to the second defendant. He also alleged that on the occasion of a gauna ceremony he had lent certain valuable ornaments and utensils to the defendants which they had not returned.

(3.) The first defendant denied ever having received any money from the plaintiff. The second defendant, while admitting that there had been money dealings between himself and the plaintiff did not admit that he had received from the plaintiff the sums which are specified in the plaint. He further denied that he had ever borrowed any ornaments or utensils from the plaintiff as alleged.