RAMKRISHNA SHANKARRAO Vs. RANGOO BAI

JUDGEMENT

(1.) THIS is an application for revision under S. 25 of the Provincial Small Cause Courts Act of the judgment of the Civil Judge, Amraoti, empowered under S. 18 of the, C. P. Courts Act. dismissing the applicant's suit for the recovery of Rs. 167-8-0.

(2.) IT is common ground that the applicant ploughed 7 acres and 28 gunthas of land belonging to the non-applicant No. 1 with his tractor. According to the applicant, the non-applicant No. 1 and other cultivators of mauza Belora, tahsil Morshi, applied to the Development Officer. Armaoti, for getting their fields ploughed by a tractor and agreed to defray the costs of the work done. Further according to him, he commenced the work of ploughing in the presence of the non-applicant No. 1 and that the latter acknowledged that he had done the work satisfactorily. He claims his charges at the rate of Rs. 22/- per acre. According to the non-applicant No. 1, her agreement was with the officers of the Development Department and not with the applicant and that though the applicant had ploughed 5 acres of her land she was not liable to pay anything to him. She also pleaded that the Development Officer had agreed to 'give' a taccavi loan for the purpose of meeting the expenses of ploughing the land but as she was not granted any loan she was not liable for the applicant's claim.

(3.) THE trial Court held that an agreement between the applicant and the non-applicant No. 1 had not been proved and that therefore the latter was not liable for the claim.