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1959 Supreme(AP) 162

A.V.KRISHNA RAO
Rambala Mulaswami – Appellant
Versus
G. Sreeramamurti – Respondent


RAO, J.

( 1 ) 1. The two plaintiffs constituted a firm of which the 1st plaintiff, Golakoti Sreeramamurty, was the managing partner. They carried on trade in paddy, rice etc. from 1-1-1949 till the end of that year in the Jayalakshmi Jayarama Rica Mill, which they took on lease for a rent of Rs. 4,000. 00 from the 1st defendant, Rambala Mulaswami. Defendants 2 to 6 were the undivided sons of the 1st defendant, who was the manager of their joint family. The family owned extensive lands besides the aforesaid rice mill and sold quantities of paddy to the plaintiffs, receiving payments from time to time. The suit was brought to recover, with subsequent interest and costs, an amount of Rs. 5927-5-9, claimed as due in respect of these transactions, on what was alleged by the plaintiffs to be a mutual, open and current account kept between them and the defendants in the regular course of business. The amount claimed was made up of a principal sum of Rs. 5,212-6-6, being the balance due up to 19-10-1949 as per the account memo filed along with the plaint and interest Rs. 714-15-3 thereon from 19-10-1949 to 16-4-1952, the date of the plaint. The learned Subordinate Judge found that there wa

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