D.C.SRIVASTAVA
ASHOKKUMAR UTTAMCHAND SHAH – Appellant
Versus
PATEL MOHMAD ASMAL CHANCHAD – Respondent
( 1 ) THIS is defendants Second Appeal.
( 2 ) THE brief facts are that on 2-5-1975 the plaintiff borrowed Rs. 5,000. 00 from the defendant and kept six gold ornaments weighing 13. 5 tolas with the defendant for security of the amount as deposit or pledge or pawn. It is alleged that the defendant gave unsigned chit giving details regarding the date of transaction, details of ornaments, weight, amount of advance and also the rate of interest as 2. 5%. There was ambiguity in the rate of interest which was clarified by the defendant on inquiry from the plaintiff that due to good relation between the parties interest will be charged @ 2. 5% p. a. It is further alleged that another sum of Rs. 800. 00 was borrowed by the plaintiff from the defendant on 13-6-1975. He gave in security and pledged two gold ornaments weighing 6. 5 tolas to the defendant. On the back of the same chit again similar unsigned details by the defendants were written as alleged by the plaintiff. In this way the plaintiff received Rs. 5,800. 00. In all 8 gold ornaments weighing 20 tolas were pledged. On 7-5-1976 the defendant wrote a post card to the plaintiff that since the ornaments were not tak
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