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1953 Supreme(Raj) 185

MODI
Sobhalal – Appellant
Versus
Baghsingh – Respondent


Advocates Appeared:
Zabarmalk, for Appellants

MODI, J.—This is a second appeal by the plaintiffs Sobhalal and Ridhkaran against the judgment of the learned District Judge, Bhilwara, dated 28th November, 1951, in a suit for money.

2. The plaintiffs case was that they had money dealings with Chunda-watji, mother of the present respondent, and that on 9th August, 1938, accounts were gone into and a sum of Rs. 934/- in Kaldar was acknowledged to be due by her in favour of the plaintiffs. It is further alleged that on the same day, Chundawatji executed a new document wherein she converted the amount due into Chittori coin at the rate of 160 Chittori for 100 Kaldars and agreed that the sum of Rs. 1525/- thus arrived at would be paid by her by annual instalments of Rs. 340/- each, and further agreed to pay rate of 12 annas, per cent, per mensem, in case such instalments Were not paid in time. As the lady did not pay anything towards her debt, the plaintiffs instituted the present suit in the court of the Munsiff Saharda, on 9th November, 1941. The plaintiffs prayed for a decree for Rs. 1525/- as principal and Rs. 193- by way of interest making a total of Rs. 1718/- in Chittori coin with pending and future interest. The defendant Chund















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