JAGANADAN PILLAI v. PERERA.

JAGANADAN PILLAI v. PERERA.

D. C, Kandy, 12,983.

Onus probandi-Duty of the party beginning to discharge the burden of proof fully-Evidence in rebuttal-Discretion of judge-Civil Procedure Code. s. 166.

In an action raised to recover the balance of the price of a house sold to defendant, defendant in support of his plea of payment read in evidence the conveyance wherein plaintiff had acknowledged receipt of the full consideration and closed his case. Plaintiff thereupon proved by witness and documents that the balance claimed was not really paid. After plaintiff's case was closed defendant proposed to call evidence in rebuttal.

Held that, as the onus was on defendant to prove payment, it was his duty to adduce all the evidence he had, and that the District Judge having, in the exercise of his discretion vested in him by section 166 of the Civil Procedure Code, refused to allow the defendant to call evidence in rebuttal, there appeared no reason to interfere with it.

THE plaintiffs alleged that they conveyed a house and grounds to the defendant for Rs. 3,000 and were paid Rs. 2,500, and they raised the present suit to recover

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