TUKARAM RAMJI SHENDRE Vs. MADHORAO MANAJI BHANGE

JUDGEMENT

(1.) THIS is a suit for Rs. 2,500 based on an akada dated 21-1-1913 executed by the defendants' father Manaji in favour of the plaintiffs' father Ramji. The document is Ex. p-8. The claim was dismissed, and the plaintiff appeals.

(2.) THE history of the subsequent transactions is this. On 28-31916 accounts were made up and the defendants' father Manaji executed an acknowledgment Ex. P-9. Rupees 1350 were then found due. Manaji died some time after this on 3-8-1919 and left defendants 1 to 4 (his sons) as his heirs. He also left two widows, Mt. Gangu and Mt. Saru, who were the lawful guardians of the sons who were then minors.

(3.) ACCORDING to the plaintiffs, Rs. 2829-2-3 were found due and this time the acknowledgment Ex, P-13 was executed by defendant 1. He signed on his own behalf and on behalf of his three minor brothers. Three years later, on 26-1-1931, accounts were again made up and this time Rs. 2722-1-3 are said to have been due. By then defendant 2 had also attained majority and accordingly the acknowledgment Ex. P-14 was signed by defendants 1 and 2 for themselves and by defendant 1 on behalf of his two minor brothers. The sum of Rs. 2722-1-3 was reached after giving credit for a repayment of Rs. 750 which was made at the same time. It is a matter of dispute whether this payment preceded the settlement of accounts or succeeded. So far as the document Ex. P-14 is concerned, it shows the total due, next a deduction of Rs. 750 and then the balance which we have set out above. Then follow the signatures.