( 1 ) THIS is defendant's appeal from the judgment and decree dt. 30-1-1997 whereby the plaintiffs suit had been decreed in part namely for a sum of Rs. 77,019-43 ps. only with costs and future interest at 6% p. a. from the date of suit till the date of realisation of entire decretal amount. It may be mentioned here that the plaintiff originally had made a claim in the suit for a decree for a sum of Rs. 1,05,000-00. But the suit had been decreed only for Rs. 77,019-43 ps. with interest as mentioned above.

( 2 ) THE plaintiff alleged that, as per plaint allegations, he was carrying on business as commission agent and the defendant was having areca garden. The defendant used to receive money from the plaintiff now and then and the defendant had been delivering arecanuts to the plaintiff at his premises for sale on commission. According to the plaintiffs case, he used to advance money from time to time and the defendant used to take advance amount and whenever defendant was in need of money, he used to send chit for money and the plaintiff used to make advance of money and defendant was delivering arecanuts. According to the plaintiffs case, the defendant was acknowle