PURNA CHANDRA PAL Vs. RAI MOHAN PAL

JUDGEMENT

(1.) This appeal is by the defendants in a suit to enforce a promissory note for Rs. 14,121-14- 6 said to have been executed by Purna Chandra Pal on 13 April 1934 (=30 chaitra 1340 B.S.) in favour of his second son, Rai Mohan Pal. The plaintiffs are the six sons of Rai Mohan who died in August 1935. Purna Chandra died eleven months later, in July 1936. The contesting defendants are the surviving sons of Purna and the sons of his predeceased sons. The family pedigree is as follows:

(2.) The two brothers, Brindaban Chandra Pal and Purna Chandra Pal were in affluent circumstances. They had joint karbars at Narayanganj. The older karbar called the Baragadi, was carried on in the name and style of "Joy Chandra Pal." In 1902-03 (1309 B.S.) they started another karbar at Narayanganj as commission agents in jute. It was a branch of the joint karbar at Baragadi and was carried on under the name and style of "Joy Chandra Rai Mohan Pal." It lasted for about two years and during this period it was in the charge of Rai Mohan Pal. It is established by the evidence, both documentary and oral, that Rai Mohan was a salaried officer in that branch karbar and his remuneration was seven annas of the net profits.

(3.) Purna Chandra had separate karbars of his own. He had a separate money lending business at Narayanganj. In 1905 (=1312B.S.) he started a business in corrugated iron at Chota Bhagwangunj in the name of his son Debendra Chandra Pal. This is called the tin business at Chota Bhagwanganj. In 1910-11 (=1317 B.S.) he started another business at Chota Bhagwangunj in the name of his son, Gosta Behery Pal. It dealt in jute. His son Eai Mohan managed these two concerns at Chota Bhagwangunj. The evidence establishes the fact that though his brothers Debendra and Gosta took some part in these two concerns their labours were insignificant in comparison with Rai Mohan's who was the moving figure in these two separate concerns of Purna Chandra. As Purna Chandra had become old, his interest in the joint karbar at Baragadi was looked after principally by Lalit. In 1926(=1833 B.S.) the sons and grandsons of Purna Chandra started separate messing, Purna messing with them in turns. Even before the separation in mess, Purna Chandra allowed his sons and grandsons to draw money from the Baragadi and his other business concerns for meeting their individual needs, and after the separation in mess, for their messing expenses also. It is I the plaintiffs case that the sons of Purna other than Rai Mohan as also the sons of his sons who were dead drew money for those expenses from the Baragadi but Rai Mohan drew money for those expenses from the Chota Bhagwangunj concerns only. Gosta and Kishori Mohan also drew small amounts for those expenses from Chota Bhagwangunj concerns also. The plaintiffs further case is that at the time of starting the two businesses at Chota Bhagwangunj Purna agreed to pay Rai Mohan a salary at the rate of Rs. 500 a year for looking after that business. When the jute business at Chota Bhagwangunj was started in 1317 his salary was increased to Rs. 750 a year and from 1322 it was further increased to Es. 1000 a year. This rate continued up to 1337, when those concerns collapsed. During the whole period of 26 years, from 1312 to 1337, Rai Mohan did not draw any salary. He had drawn some money to pay the premium of his life insurance policies and some money to start one of his sons in life. Those sums were debited to his salary account and for the balance of his salary Puma Chandra executed the promissory note, in suit on 30 chaitra 1840.