JUDGMENT:- This first appeal of the defendants is against the judgment and decree of the Assistant District Judge, Dibrugarh decreeing the suit of the plaintiff for recovery of a sum of Rs. 29,463.92.

2. The facts of the case, in brief, are as follows: The plaintiff is a private limited company incorporated under the Indian Companies Act, 1913. In course of business the plaintiff company used to lend money to the tea estates, namely, Nepaphoo Tea Estate and Rangmala Tea Estate. These two tea estates were owned by a Hindu Undivided Family (H.U.F.) governed by Dayabhaga School of Hindu Law. Late Suresh Chandra Bagchi, Late Dinesh Chandra Bagchi and defendants 1 to 8, who were heirs of late Bipin Chandra Bagchi, were members of the said H.U.F. The said H.U.F. also held shares of the plaintiff company and another private limited company. As some disputes arose between the members of the family, a partition suit was filed. The said suit was later compromised and a compromise decree was passed on 7-6-65. In terms of the compromise, Nepaphoo tea estate including Rangmala tea estate (hereinafter referred to as the Tea Estate) fell into the share of the defendants who took over the