JUDGMENT

Deoki Nandan, J. - This is a defendants second appeal in a suit for recovery of Rs. 14,500/- with interest, said to have been advanced as a loan by the plaintiffs Sachchida Nand Pandey and Lal Bachan Pandey both sons of Raghunandan Pandey on 9th February, 1959 to Madan Mohan Pandey, who was the father-in-law of the first plaintiff Sachhida Nand Pandey and father of the sixth defendant Shiv Kumar and the 17th defendant Smt, Rajeshwari and husband of the 7th defendant Smt. Santokhia. It was alleged that the family of the defendants was a Hindu joint family governed by Mitakshara ; that Madan Mohan Pandey was its Karta and the loan was taken by him in his capacity as such for construction of residential house, paying sundry creditors and purchase of Bullocks. The rate at which interest was agreed to be payable was 3 per cent per annum and the loan was made re-payable by the 1st June, 1962. The suit was filed on 24th May, 1955, after the death of Madan Mohan Pandey and the amount claimed was Rs. 17258/-which comprised of Rs. 14,500/- as principal Rs. 2,736/- as interest, Rs. 2/- as deficient stamp duty and Rs. 20/- as penalty in respect of the Sarkhat evidencing the loan which