JUDGMENT - 1. The suit giving rise to this appeal was filed by the plaintiff against ten defendants for recovery of a sum of the Rs. 3, 455-1-0 in the following circumstances. The plaintiff is the lasagaon Merchants Co-operative Bank Ltd., Lalasgaon Defendants Nos 1 and 2 were the constituents of the Bank should make advances to defendants Nos 1 and 2 on the security of agricultural produce such as groun dnuts, jaggery. Tobacco etc. This agreements took place on 20th November 1952. The plaintiff was to make advances to defendants Nos 1 and 2 up to sixty at Rs. 5,000 certain advances were made the basis on this agreement. On 16th November 1953 the agreement was renewed and was to remain in force till 30th September 1954. In about December 1953 defendants No.1, which is the firm of which defendants No.2 is partner fir owner of the dues Defendants Nos 1 and 2 had kept certain packages tobacco in their own go down and handed over the key of he same to the plaintiff, thus giving the property in possession of the plaintiff. On 23rd August 1954 the Defendants Nos 1 and 2 were indebted to the plaintiff to the tune of Rs. 3,181. On 16th December 1952 the Income -tax Officer, Nasik issued a

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