D.S.DAVE, D.M.BHANDARI, V.P.TYAGI
JEEVRAJ – Appellant
Versus
LALCHAND – Respondent
Dave, C. J.
( 1 ) THIS is a second appeal by the plaintiffs whose money suit was decreed by the trial court, viz. , Civil Judge, Sojat, but dismissed by the District Judge, Pali, on the defendants appeal.
( 2 ) THE suit was based on a Khata-entry Ex. 1 appearing in the plaintiffs account books. The said entry was in the following language:--[original in Marwadi Omitted -- Ed. Rendered in English, it would read as follows:--
"account of Shah Kunanmalji Lalchandji of Marwar Junction of the year s. 2009. 6022/-Balance to be received as per account given above. Rs. 6022/-in figures Rupees six thousand and twenty-two only. Kati sudi 1 Smt. 2009. Signed Bhandari Jeevraj. Balance struck in the presence of Kunanmal lalchand. Signed Lalchand For Kunanmal lalchand. Rs. 6022/- in figures Rupees six thousand and twenty-two are to be paid. Signed Misrimal Kunanmal Signed Premraj. Witness Sewag Pukhraj at Ranawas at the instance of mishri Mal of Marwar Junction in his presence. "
The defendants contested the suit on several grounds, one of them being that the entry Ex. 1 was merely an acknowledgment and that it could not be made the basis of the suit. The trial Court repelled this conte
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.