( 1 ) THE appeal is preferred by the sole defendant who died subsequent to the filing of the appeal. His legal representatives have been brought on record as appellants Nos. a to 9. This is an appeal against the judgment and decree of the learned Subordinate Judge, amalapuram, in O. S. No. 22 of 1970 decreeing the suit of the plaintiff (respondent) for a sum of Rs. 18,305-75 P. with proportionate costs and with future interest at 5 1/2% per annum from the date of plaint till the date of realisation.

( 2 ) THE point raised in this appeal is within a narrow compass and it is therefore unnecessary to traverse the entire pleadings and facts of the case. The relevant facts which were admitted or proved and which are relevant for the purpose of this appeal are as follows :- the plaintiff owns agricultural lands in the villages of Samanthakurru, Devaguptam and Kommaragiripatnam. The defendant was the owner of Sri Vijaya lakshmi Rice Mill at Amalapuram. and also a dealer in paddy and rice. The plaintiff sold certain quantities of paddy on 13th June, 1969, and 18th July, 1969 to the defendant. The value of the paddy sold came to Rs. 8,505-70 P. and this was acknowledged by the defendant by

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