JUDGMENT

Sen, J. - This is an appeal by the defendant in a suit for recovery of Rs. 1,785.

2. The defendant is the maternal uncle of the plaintiff. There appears to have been some litigation between the plaintiff and his brothers which was referred to the arbitration of the defendant. The latter gave an award under which Rs. 787-8 where payable by the plaintiff to his brothers. The plaintiff was indebted to one Moti Chaube under a hundi and the principal amount payable was about Rs. 200. The plaintiff sent Rs. 987-8 to the defendant by several instalments with the direction that the defendant was to pay Rs. 787-8 to his brothers and Rs. 200 to Moti Chaube. There is a concurrent finding of the two Courts that the aforesaid amount was sent by the plaintiff to the defendant and the object of sending this amount was that the defendant should liquidate the liability of the plaintiff to his brothers and Moti Chaube. It transpired, however, that the defendant did not pay either the brothers or Moti Chaube. On the other hand, the defendant obtained an assignment of the hundi from Moti Chaube in his own favour and instituted a suit for recovery of the amount from the plaintiff. This was suit