CHANDER BHAN Vs. MAHA SINGH

JUDGEMENT

(1.) This petition for revision is directed against the decision of Shri 0. P. Saini, Additional Judge Small Cause Court, Delhi.

(2.) A suit for recovery of Rs. 961.00on account of principal and Interest was filed by the plaintiff against the defendants Mahan Singh and Deep Chand S/O Kirpa Ram on the basis of the balance atruck by them in his bahi on the 20th December, 1963. The defendants contested the suit. It was pleadKed that the bahi was not admissible in evidence because the acknowledgement was not properly stamped. It was also pleaded that the plaintiff was money-lender and that he could not bring the suit without getting the Money-lenders' Licence. The liability to pay the amount in question was also denied. It is common ground that if the acknowledgement is not admissible in evidence the plaintiffs suit must fail.

(3.) The trial Court he that the plaintiff was a money-lender and that lie had a Moneylender's Licence. The defendents admitted the execution of the balance in bahi but they pleaded that the entry rebalance amounted to an acknowledgement and not an agreement, and, therefore, it being not properly stamped, was not admissible in evidence. The trial Court also held that theentry in dispute amounted to an acknowledgement and was, therefore, not admissible in evidence, and that the amount in question had not been paid back by the defendants. The suit was accordingly dismissed. Against, this decision, the present petition for revision was preferred to this Court, which came up for Hearing before Capoor J. on the 28th February, 1961, who passed the following order:-