Mumbai Court August 1973 Judgments
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Govindlal Bhikulal Maheshwari and ors. Vs. Firm Thakurdas Bhallabhadas ...
Court: Mumbai
Decided on: Aug-01-1973
Reported in: AIR1974Bom164; 1974MhLJ106
Chandurkar, J. 1. This is an appeal which was originally filed by the plaintiff against the judgment and decree of the joint Civil Judge. Senior Division, Nagpur, dismissing his suit for recovery of Rs. 35,281.78p. from the defendant no. 1 with interest at 6 per cent. Per annum. Admittedly, the defendant No. 1 had executed a chithi purporting to be a deposit receipt for Rs. 51,000/- 0n 22-10-1956. This chithi was originally executed in the name of one Balmukund who, according to the plaintiff, was the manager of the joint Hindu family consisting of himself and Balmunkund. The defendant No. 2 is the son of Balmukund who dies sometime in February 1957, and the defendant No. 3 is the widow of deceased Balmukund. The defendants Nos.4 and 5 are the daughters of deceased Balmukund. The defendants Nos 4 and 5 are the daughters of deceased Balmukund. On 19-1-1957, according to the plaintiff, the defendant No.1paid Rs. 20,000/- towards principal and Rs. 717/3/0 being the entire amount of intere...
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