TULSIRAM RAMDAYAL Vs. BADRIPRASAD AND JANKIPRASAD

JUDGEMENT

(1.) THIS is a Letters Patent appeal against the judgment and decree dated 17th January 1944 of Bose J. in Tulsiram v. Badriprasad : S.A. No. 524 of 1941 (Nag.).

(2.) THE suit was brought by the plaintiffs, who are moneylenders, to recover a sum of Rs. 2,738-8-0. This sum represented the amount due on account of several transactions between the parties from the 20th August 1932 to 9th January 1988. Money was borrowed and repayments were made on different dates during this period. Every year till 8th November 1934 accounts were settled and for the balance then due acknowledgments in writing were taken from the debtor. Interest was charged at 0-12-0 per cent, per mensem according to the agreement of the parties. After 8th November 1934 there is no acknowledgment till we come to 4th November 1987. The suit was then filed on 4th November 1940.

(3.) THE creditors then filed a second appeal. Bose J., upheld the decision of the first appellate Court but- granted leave to the appellants to be a Letters Patent appeal. Hence this appeal.