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1967 Supreme(Pat) 45

R.K.CHOUDHARY, G.N.PRASAD
Brij Bihari Prasad – Appellant
Versus
Bir Bahadur Rai – Respondent


Judgment

G.N.Prasad, J.

1. This is an appeal by the plaintiffs who instituted a suit for recovery of Rs. 4,305.44 from the defendant under the following circumstances. On the 30th Bhado 1360 Fasli, corresponding to 23rd September, 1953, the defendant took a loan from the plaintiffs of a sum of Rs. 2601/8/-in cash. Again on the 11th Baisakh 1361 Fasli, corresponding to 29th April, 1954, the defendant took a loan from the plaintiffs of Rs. 70 in cash and grains. Thirdly, on the 18th Kuar 1362 Fasli, corresponding to 19th October, 1954, the defendant took 5 maunds of paddy from the plaintiffs valued at Rs. 50. Thereafter, on the 1st Bhado 1362 Fasli, corresponding to 4th August, 1955, there was an accounting between the parties, and as a result thereof, the amount due to the plaintiffs was found to be Rs. 3,370/6/3, that is to say, Rs. 2,721/8/- as the principal sum advanced and Rs. 648/14/3 on account of interest up to the date of the accounting. The results of the accounting were incorporated in a chitha (Ext. 4) executed by the defendant on the same day in the following terms:

(TABLE)

The present suit was instituted by the plaintiffs on the 28th November 1957 for the recovery of the


























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