ANNABHAT SHANKARBHAT ALVANDI Vs. SHIVAPPA DUNDAPPA MANVI

JUDGEMENT

(1.) The plaintiff in this case sued to recover Rs. 7,144-8-9 with future interest from the defendants. Defendant No. 1 had dealings with the shop of the plaintiff since 1911 and passed to the plaintiff's firm several acknowledgments of his liability on account of the trading firm of which he was a partner. Defendant No. 2 was joined in the suit on the ground that defendant No. 2 as son was liable for the debts incurred by defendant No. 1 in respect of the trade transactions as manager of the joint family.

(2.) Defendant No. 1 contended that he was one of the six persons who entered into cotton dealings with the plaintiff under the Khata of "Kshap Manvi and Annabhat Alvandi," that the loss came to about Its. 9,600 and as his liability was limited by agreement to the extent of Rs. 1,600, he signed an acknowledgment for Rs. 4,800 on behalf of the three partners owning an eight annas share along with him, and that he was an agriculturist, that accounts should be taken under the Dekkhan Agriculturists Relief Act, and that the amount should be ordered to be paid by instalments. Defendant No. 2, the eon of defendant No. 1, contended that the dealings were not for the benefit of the joint family and were not binding on him, that by virtue of a partition decree in terms of an award passed on December 17, 1923, he was separate from his father and was not liable for the claim.

(3.) The learned Subordinate Judge held that defendant No. 1 was an agriculturist, and that he carried on the transactions in suit on behalf of the trading family of defendants Nos. 1 and 2, and passed a decree against the defendants for Rs. 7,144-8-9 to be paid in three yearly instalments from the joint family estate of the defendants and from the separate property of defendant