KAWAL PATTI Vs. RAM JOKHAN UPADHYA

JUDGEMENT

(1.) This is a plaintiffs' second appeal. The facts giving rise to it may be briefly stated as follows:

(2.) On 4-5-1950, the plaintiffs executed a pronote in the sum of Rs. 500/- in favour of Ram Jokhan Upadhya the defendant. The pronote carried interest at six per cent. per annum and the money was payable on demand. Subsequent to the execution of that pronote the creditor was put in possession of two plots of land having a total area of 0.71 acres. The land was the 'khudkasht' of the debtors. The crditor filed a suit No. 207 of 1953 in the Court of Small Causes, Gorakhpur, for recovery of the sum of Rs. 500/- together with Rs. 50/-, as interest on the pronote. In defence the debtors contended that they had borrowed only Rs. 100/- and had given their thumb-impression on a blank form of pronote, and that the amount had been inflated.

(3.) The debtors filed another suit No. 1052 of 1953 in the Court of the Munsif of Gorakhpur against the creditor in which they alleged that they had borrowed this amount of Rs. 100/- about seven or eight years back and in lieu of that amount they had given two plots specified above; that the debt was paid up by the usufruct of the property; and that they should be put in possession of the land.