JUDGMENT - Chandurkar, J.

1. This is an appeal which was originally filed by the plaintiff against the judgment and decree of the joint Civil Judge. Senior Division, Nagpur, dismissing his suit for recovery of Rs. 35,281.78p. from the defendant no. 1 with interest at 6 per cent. Per annum. Admittedly, the defendant No. 1 had executed a chithi purporting to be a deposit receipt for Rs. 51,000/- 0n 22-10-1956. This chithi was originally executed in the name of one Balmukund who, according to the plaintiff, was the manager of the joint Hindu family consisting of himself and Balmunkund. The defendant No. 2 is the son of Balmukund who dies sometime in February 1957, and the defendant No. 3 is the widow of deceased Balmukund. The defendants Nos.4 and 5 are the daughters of deceased Balmukund. The defendants Nos 4 and 5 are the daughters of deceased Balmukund. On 19-1-1957, according to the plaintiff, the defendant No.1paid Rs. 20,000/- towards principal and Rs. 717/3/0 being the entire amount of interest due and executed a fresh chithi Ex. 41/7 for Rupees 31,000/- in the name of Balmukund. This transaction was renewed again by Ex. 41/14 which is a chithi executed by the defendant no.1 on

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