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1970 Supreme(All) 368

D. D. SETH
Mukundi Lal – Appellant
Versus
Srimati Ram Pyari – Respondent


Advocates appeared:
S.N. Verma, Advocate, For the Appellant / M.P. Mehrotra, Advocate, For the Respondents

JUDGMENT

D.D. Seth, J. - This is a defendant's second appeal arising out of a suit for recovery of Rs. 2531/3/9 with pendentilite and future interest.

2. The plaintiffs' case was that Smt. Ram Dei the predecessor-in-interest of the plaintiffs had given a loan of Rs. 2,200/- to Mukundi Lal, defendant as karta and manager of the joint family firm Bhagwan Das Prayag Das on 5-3-1957 and that Mukundi Lal had executed a parcha for that amount in favour of Smt. Ram Dei. The plaintiffs' case was that they were the heirs and legal representatives of the deceased, Ram Dei, who had executed a will in favour of the plaintiffs on 15-5-1933. The plaintiffs alleged that they demanded the amount from the defendant and since the defendant did not pay the amount, the plaintiffs had to file the suit.

3. The suit was contested by Mukundi Lal who pleaded that he had not taken any loan from Smt. Ram Dei on 5-3-1957 and that one Ram Nath Dalal had approached the defendant after the death of Lala Pachkauri Mal, father of the defendant, and showed a parcha for Rs. 2,200/- which, Ram Nath Dalal said, had been executed by defendant's father in favour of Smt. Ram Dei. The `defendant's case was that Ram Nath Da

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