Lala Balla Mal and another – Appellant
Versus
Ahad Shah and another – Respondent
Lord Atkinson:-
This is an appeal from a judgment and decree of the Chief Court of the Punjab, dated the 13th January, 1914, varying a decree of the District Judge of Amritsar, dated the 31st July, 1911, and decreeing in part the claim of the present appellants.
The plaintiff Balla Mal is the father of the plaintiff Ibhar Das. They carry on the business of sellers of gold lace in the city of Amritsar and are in addition money-lenders. They are members of a joint Hindu family.
The deceased defendant was a Mahomedan. He was born in the year 1863, and was therefore in the year 1892, 29 years of age. At the latter date he had been employed for six years as permanent copying clerk in the Office of the Divisional Judge of Amritsar at a salary of Rupees 40 per mensem. The defendant"s father was head man of the Kunjar or prostitute caste.
The action out of which this appeal arises was brought by the plaintiffs upon certain promissory notes admittedly drawn up and executed by the deceased defendant to recover the sum of Rs. 61,800 alleged to be due for principal, and Rs. 40,489-3-0 alleged to be due for interest at the rate of Rs. 30 per cent per annum, according to the tenor of these notes. T
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