S.K. Dhaon, J. - (1.) This is a defendants' appeal. It is directed against the judgment and decree of the lower appellate court, whereby it set aside the decree of the trial court and decreed the suit instituted by the plaintiff respondent No. 1.
(2.) The plaint allegations, in brief, were these, M/s. Bhevraj Banshidhar the plaintiff, was a registered partnership firm. It carried on the business of selling cloth. It used to charge interest as the rate of Rs. 1 per cent per mensem on the debts due on the sale of cloth. Gulab Chand predecessor in interest of the defendant, also carried on cloth business. Gulab Chand purchased cloth from the plaintiff's firm on credit and paid usual interest. The plaintiff maintained his account in Mahajani form. The accounts were settled by Gulab Chand on 20th October, 1971 and on that date he (Gulab) acknowledged Rs. 4773.79 P. in favour of the plaintiff and promised to pay an interest at the rate of Rs. 1 per cent per mensem. Gulab Chand died in April, 1982 without any issue. The defendants representing to be the legal heirs of Gulab Chand were in possession of the assets of Gulab Chand, The plaintiff prayed that a decree of Rs. 5865. 16 P. May be passed in its favour.
(3.) The defence case was this Gulab Chand did not purchase any cloth from the plaintiff's firm. Gulab Chand did not sign any acknowledgement of debt as alleged by the plaintiff. There was no custom of payment of interest in the mercantile community at Siswa as alleged by the plaintiff.;