SHEO NARAIN Vs. BHALLAR

JUDGEMENT

(1.) This is a plaintiff a application in revision against a decree of a Judge of the Court of Small Causes, Kanpur, dismissing his suit.

(2.) The plaintiff brought a suit for recovery of a sum of Rs. 956 on the basis of Bahi Khata accounts. According to him, the defendant entered into various transactions of sale and purchase of bullion between 24th October 1944 and 13th May 1946. The allegation in the plaint was that the plaintiff was an arhatia and also did transactions on his own behalf in the sale and purchase of bullion and that the defendant under his arhat entered into transactions.

(3.) The defence was that no transactions were entered into at all, but that the amount shown by the plaintiff as credited to the defendant's account was a loan advanced by the defendant to the plaintiff. In the alternative it was pleaded that if the transactions were entered into by the defendant, then they were wagering and the plaintiff could not recover.