MUL CHAND-NANDU MAL Vs. KANHAIYA LAL

JUDGEMENT

(1.) This is an appeal by the plaintiffs from the judgment and decree of the Subordinate Judge of Meerut, dated 17 September 1925, disallowing the plaintiffs claim for recovery of Rs. 6,804-13-6. Plaintiffs carry on business in the City of Delhi under the name and style of Firm Mulchand-Nandumal. The suit was instituted through Lala Hari Ram, one of the partners of the firm.

(2.) The defendants are the proprietors of the Firm Kanhaiya Lal-Lakshmi Narayan, situate in Mandi Qaisargunj in the city of Meerut, and their chief business is that of commission agents.

(3.) The plaintiffs firm employed the defendants to purchase 151 grain pits of wheat on their account; and the defendants purchased these grain pits between the 4 June 1921 and 12 August 1921. These grain pits were sold by the defendants, under instructions received from the plaintiffs between 5 July 1921, and 13 August 1921. The plaintiffs had paid Rs. 2,000 to the defendants by way of earnest money. The plaintiffs allege that these transactions resulted in profits and they were entitled to receive Rs. 29,422-10-6, from the defendant, that between 10 August 1921 and 2 September, 1921, the defendants made several payments to the plaintiffs, aggregating to Rs. 26,037-11, that on Magh Badi, 12 Sambat, 1978, corresponding to 25 January 1922, the defendants sent an account slip to the plaintiffs firm which showed a balance of Rs. 2,430-6-3 in plaintiff's favour that this amount remains unpaid and the plaintiffs claim the recovery of this sum together with interest at 9 per cent per annum.