C. B. BHARGAVA, J.

( 1 ) THIS is an appeal by the defendant against the judgment and decree of the learned Senior Civil Judge, Gangapur dated 25th July, 1955 decreeing the plaintiffs suit for a sum of Rs. 2500/- with proportionate costs and interest pendente lite and future at 6 per cent p. a.

( 2 ) THE suit was filed for recovery of Rs. 5100/-on the ground that the defendant gave to the plaintiff a contract for cutting Babool trees from lands belonging to Thikana Akra for a period of three years in lieu of Rs. 2500/ -. The terms of the contract were reduced to writing and are contained in the patta Ex. 4 dated 10th July, 1948. It was for the period commencing from 7th July, 1948 to 7th July, 1951. Rs. 2500/- were to be paid to thy defendant in the following manner: Rs. 1000/- at the commencement of the contract Rs. 1000/- on 7th July, 1949. Rs. 500/- on 7th January, 1950. In case the amounts were not paid on the stipulated dates plaintiff was to pay interest at the rate of 12 per cent p. a. from the date of default.

( 3 ) PLAINTIFFs case was that he had paid Rs. 1000/,- on 7th July, 1948, Rs. 1000/- on 14th August, 1949 and Rs. 200/- on 24th May, 1950 and credit for Rs.