R.S. Garg, J. -- 1. The defendants Nos. 1 and 3, being aggrieved by the judgment and decree, dated 6.3.1984 passed in Civil Suit No. 94-B of 1976 by the First Additional Judge to the Court of District Judge, Raipur, decreeing the plaintiff's suit for a sum of Rs.1,03,413.88 with costs and interest thereon at 6 per cent per annum from the date of the suit till realisation, have preferred this appeal.

2. The original plaintiff Mohanlal Vyas, since deceased, father of plaintiffs Nos. 2 to 6 and husband of plaintiff No.1, was a business man and a man of means. Defendant No.1 is a firm carrying on a cinema business in the name and style of M/s Sharda Talkies at Raipur. The firm 'M/s Sharda Talkies' (hereinafter referred to as the 'firm') for the sake of brevity) was managed by the deceased Shyam Charan, now represented by the legal representatives, respondents Nos. 7 to 9 and appellant No.2 defendant No.3, namely, Lalit Kumar Tiwari. As the original plaintiff and defendant No.2 died during the pendency of the suit, their legal representatives were substituted in their place. The plaintiff-Mohanlal Vyas, according to his allegations in the plaint, made deposit with defendant No.