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1957 Supreme(Pat) 143

K.DAYAL, SINHA
Santi Sahu – Appellant
Versus
Sheogulam Sahu – Respondent


Judgment

Sinha, J.

1. The question raised in this case is whether the plaintiffs-respondents were entitled to sell the goods sold by them to the defendants, the defendants having pledged the same goods as security for payment of the money advanced by the plaintiffs for buying the goods. The Court below has decreed the suit, and hence this appeal by the defendants.

2. The facts, put in brief, are that, in June, 1943, corresponding to sometime in Jeth, 1350 Fasli, defendant No. 1, as karta of his family, constituting of himself and the other defendants, approached the plaintiff No. 1, who carries on business on his behalf as well as on behalf of the other plaintiffs, and requested him to purchase for the defendants Tisi (linseed) and to keep in the plaintiffs arhat.

The defendants agreed to pay interest on the money advanced by the plaintiffs for the purchase of Tisi at the rate of 12 annas per cent per month and arhat charges at the same rate. The plaintiffs case is that it was agreed that, in case the Tisi was not disposed of by the defendants by the end of September, 1943, the plaintiffs were entitled to sell the same and to appropriate the sale proceeds to their dues together with

































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