GUNTAKA HUSSENAIAH Vs. BUSETTI YERRAIAH

JUDGEMENT

(1.) THIS is a Plaintiff's second appeal against the deeree and judgment of the -Court of the District Judge of Nellore setting; aside that of the District Munsif of Kanigirl in Order 8. No. 128 of 1947, a suit filed by the appellant for the recovery of a sum of Rs. 604 -12 -0 -from the Defendants.

(2.) THE Plaintiff's case is that the Defendant took from the Plaintiff Rs. 502 -8 -0 to pay to butchers and Rs. 10/ - for his own expenses on 4 -4 -1944 and signed an entry in the Plaintiff's account -book in token of the same. The Defendant denied that he took any money from the -Plaintiff and charged the Plaintiff with fabrication of accounts to support a false claim. The learned District Munsif, on a consideration of the entire evidence, held in favour of the Plaintiff. The learned District Judge differed from; him and dismissed the suit. Hence the appeal.

(3.) THE observations are to my mind, unexceptionable. The Judge does not lay down anything illegal when he points out that it is a duty of the Munsif to come to a conclusion on a question of, a fact on a consideration of the entire evidence including that of the expert.