CHANDI RAM DEKA Vs. JAMINI KANTA DEKA
HIGH COURT OF GAUHATI
Chandi Ram Deka
Jamini Kanta Deka
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Ram Labhaya, J. -
(1.) THIS is an appeal from the judgment and decree of the Court of the Political Officer, Miami Hills. Sidiya dated 4th January 1950. The decree was in a suit for recovery of Rs. 2,878 -9 -0. The claim was baaed on hand notes . The sum decreed was Rs. 700 with proportionate costs.
(2.) PLAINTIFF has appealed. The case for the plaintiff was that defendant borrowed different sums on three different dates. The total amount borrowed was Rs. 2000. The amount was not repaid on demand. He claimed Rs. 2000, principal, and the rest as interest calculated at the rate of 2 percent plus an item of Rs. 2 -9 -0 as the casts of the notice. Defendant's main plea was that a sum of Rs. 1625 had been paid back. This consisted of 4 items paid on different dates during the months of March, April and May 1947. He admitted his liability to pay interest at Court rate. The political Officer came to the conclusion that the plea of repayment to the extent of Rs. 1625 had been substantiated by the evidence given by defendant. He, therefore, allowed the claim of the plaintiff to the extent of Rs. 700 only which includes interest calculated at the rate of 12 per cent per annum.
(3.) IT has been urged on behalf of the appellant that the payment of the sum of Rs. 1625 has not been proved and the finding of the Political Officer on this point is unsustainable.;
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