BHIMANNA KUMAJI SONAR Vs. VENICHAND FATTECHAND GUJAR

JUDGEMENT

(1.) The plaintiffs filed this suit to recover Rs. 800 and interest from the defendants, which were deposited with the defendants by their uncle Vasudeo. They alleged that Vasudeo used to deposit his savings in the defendants shop from before 1907, for which a pass-book was given to Vasudeo in which the deposit amount and its interest were entered by him, as also the amounts withdrawn; that on October 27, 1916, a balance was Struck showing Rs. 800 due from the defendants and that notice was given to repay on October 15, 1919. Vasudeo himself died in July 1918, and the plaintiff's claim under a Will made by Vasudeo whereby this deposit amount was devised to them.

(2.) The principal defence raised by the defendants was that the plaintiffs claim was barred by limitation. That question would depend on whether Vasudeo's money was lent to the defendants of deposited with them.

(3.) The trial Court found that there was a. deposit and gave a decree to the plaintiffs.