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1974 Supreme(Raj) 226

S.N.MODI
Kundanmal – Appellant
Versus
Mst. Saku Bai – Respondent


JUDGMENT

1. - This is an appeal by the defendant Kundanmal in a suit for the recovery of money.

2. The plaintiff respondent Mst. Saku Bai instituted the suit against the defendant for the recovery of a sum of Rs. 11280/- on the basis of a khata for Rs. 10,000/- alleged to have been executed by defendant Kundinlal on 10-11-69. The plaintiff alleged that the sum of Rs. 10,000/- was borrowed by Kundanmal who executed the khata. The loan was to carry interest at the rate of fourteen annas percent per mensem. On the defendant's failure to repay the amount, the plaintiff brought the suit for the recovery of Rs. 10,000/- as principal and Rs. 1280/- by way of interest--total Rs. 11280/-. The defendant-appellant admitted having executed the khata Ex. 1 but denied that he received consideration. It was pleaded that the khata Ex. 1 was executed at the instance of the plaintiff's husband PW 4 Dhanraj as the latter required such khata for income-tax purposes. The defendant further alleged that the plaintiffs husband was his friend and therefore he obliged him by executing the khata without consideration. It was also pleaded that the suit was not triable by the Court of the Additional District Ju





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