Judgement

Appeal (No. 59 of 1932) from a decree of the Court of the Judicial Commissioner of the Central Provinces (September 26, 1930) reversing a decree of the Additional District Judge of Yeotmal.

The appellants instituted a suit against the respondents claiming payment of two promissory notes each for Rs.4000 dated May 11 and July 20, 1925, with interest. The notes were drawn by one Pandurang in favour of the appellants. The plaintiffs case was that Pandurang was karta of a joint Hindu family consisting of himself, his father, brother, and brothers son, and as such was in charge of a family business of money lending and cultivation. Pandurang died before the suit was brought. The defendants were his widows, as his representatives, his father (since dead), his brother and his brothers son. The respondents father and brother alone filed written statements denying their liability.

The trial judge made a decree of the sum claimed ; he held that Pandurang borrowed the money as manager of the family for the purpose of the business, and that the debts were binding on the defendants.

On appeal to the Court of the Judicial Commissioner the decree was reversed and the suit dismissed.

Law