Judgement

Appeal (No. 62 of 1933) from a judgment and decree of the Court of the Judicial Commissioner, North-West Frontier Province (June 27, 1932), reversing a judgment and decree of the Subordinate Judge, Mardan (October 15, 1931).

On April 1, 1917, the respondents [except respondents Nos. 2 and 3, who were held not to be joint], members of a joint Hindu family, who carried on business as moneylenders, received from the appellant the sum of Rs.43,900, giving him in exchange a document of even date bearing a one anna stamp, and signed by two of the respondents, managers of the joint family. The document stated that " This (one) receipt is hereby executed by [the two respondents] . . . .for Rs.43,900....received.... for and on behalf of [the appellant]. This amount to be payable after two years. Interest at the rate of Rs.5-4-0 percent, per year to be charged." The appellant alleged that after the expiry of the two years the money, together with interest due at that time, was allowed to remain in deposit with the respondents at the same interest on condition that he could recover the amount on demand at any time.

On July 22, 1929, the appellant sent notice to the respondents claim