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1959 Supreme(Raj) 14

DAVE
Hans Raj – Appellant
Versus
Firm Hazarimal Dipa – Respondent


Advocates Appeared:
Gopal Dass, for Appellant; Hukamchand Jain, for Respondents

Dave, J.—This is a second appeal by the defendant against the judgment and decree of the learned Senior Civil Judge, Sirohi, dated the 12th August, 1953.

2. The facts giving rise to it are that on the 28th of December, 1958 the plaintiff-firm filed a suit for the recovery of a sum of Rs. 1271/10/6. The suit was based on a Khata dated Baisakh Sudi 11, Svt. 2003 for Rs. 1149/12/7. It was averred by the plaintiffs that defendant Hansraj had transaction with the firm in two names, firstly, in the name of Labhchand Amichand who were his father and grandfather, and secondly, in the name of Hansraj Lumchand i.e. in his own name and the name of his father. It was further averred that the Khata of Rs. 1149/12/- was sigued by the defendant. The plaintiffs further claimed Rs. 121/14/6 for interest. The defendant admitted the execution of Khata on which the suit was founded, but pleaded that he had paid Rs. 300/- and Rs. 500/- on Bhadwa Sudi 8, and Asoj Badi 3, Svt. 2003 respectively. It was also admitted by him that he had another Khata in the name Hansraj Lumbchand, but it was contended that he was entitled to get about Rs. 1500/- from the plaintiffs in that account. The trial court came to t















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