Debi Prasad vs Bhagwati Prasad - 1942 Supreme(All) 121

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1942 Supreme(All) 121

DAR
Debi Prasad – Appellant
Versus
Bhagwati Prasad – Respondent

JUDGMENT

Dar J.

1. This is an appeal against a judgment and decree dated 12th September 1939 of the Civil Judge of Mirzapur by which he partly varied a judgment and decree of the Munsif of Mirzapur dated 5th November 1938, in a suit for recovery of money on the basis of a sarkhat. The plaintiff Debi Prasad is the proprietor of a firm of money-lenders called Debi Prasad Bhagwan Dass at Mirzapur. The defendants Bhagwati Prasad and Buddhu Lal who are two own brothers also own a firm at Mirzapur called the firm Bhagwati Prasad Buddhu Lal. On 20th January 1930, defendant 1 Bhagwati Prasad borrowed a sum of Rs. 1200 from Bam Dass, the father of the plaintiff, and executed a promissory note in his favour bearing interest at 6 percent. per annum. Some time after the execution of this promissory note Ram Dass died, and the plaintiff Debi Prasad succeeded to the family money-lending business. On 31st December 1935, the account between the plaintiff and defendant 1 with regard to the promissory note of 1930 was settled and a sum of. Rs. 1244 was found due after adjusting such payments as had been made by the debtor to the creditor between the years 1930 and 1935. On that date, the plaintiff mad

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