Dave, J.—This is an application in revision by the plaintiff against the judgment of the District Judge, Alwar, upholding the decree of the Munsif, Rajgarh, dated the 19th August 1949, dismissing the plaintiffs suit,

2. The applicants claim was that on the 14th of January 1948 he had sold to the defendant respondent five cattle for Rs. 338/-, that he had received only Rs.5/-as earnest money and he was, therefore, entitled to recover the remaining amount of Rs. 333/-together with Rs. 30/- for interest thereupon. The defendant denied the whole transaction and the plaintiff was, therefore, called upon to prove if there was any transaction of sale. Both the courts below have come to a concurrent finding that there was no such transaction.

3. The applicants learned advocate contends that in the court of the District Judge one of the grounds raised by the plaintiff was that from the evidence of the defendants own witnesses his case was proved but the learned District Judge did not pay any attention to the defendants evidence and dismissed the appeal simply after reading the statements of the plaintiffs witnesses. It is also argued that the evidence of plaintiffs witnesses has been disbelie

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