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1963 Supreme(All) 80

N.U.BEG
BHARAT PRASAD – Appellant
Versus
PARAS SINGH – Respondent


Advocates Appeared:
B.L.Shukla, J.S.TRIVEDI, R.N.Shukla, S.C.Das

N. U. BEG, J.


( 1 ) THIS appeal has been filed by Bharat Prasad who was the plaintiff in the trial Court. Bharat prasad brought the suit out of which this appeal arises for recovery of Rs. 1,591/9/3. The plaintiffs case was that he and defendant No- 4 carried on partnership business of sugar manufacture in 1360 Fasli. Hardeo Singh,. father of defendants 1 and 2 and husband of defendant No. 3, was given Rs. 1,500/- by the partnership in lieu of his promise to supply 2500 maunds of sugarcane juice during the season at the prevalent rate to the partnership. It was further agreed that Hardeo Singh would pay damages at the rate of one anna per maund in respect of short supply, if any. Hardeo Singh supplied only 217 maunds 27 seers juice which was worth Rs. 217/10/9. In a division of the assets of partnership, this particular debt was allotted to the plaintiff. Hence-he brought the present suit for recovery ot Rs. 1,282/5/3 as excess amount paid by the partnership to Hardeo Singh, Rs. 142/10/- as damages for short supply and Rs. 166/10/- as interest. The suit was resisted by defendants 1, 2 and 3 on the ground that the amount due from hardeo Singh had been paid off by him, and that the p










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