HANSRAJ Vs. CHAMPALAL

JUDGEMENT

(1.) THIS is a defendant's Second appeal against the judgment and decree dated 31 -10 -1958 passed by the District Judge, Gwalior in Civil First Appeal No. 170 of 1954.

(2.) THE respondent Champalal filed a suit against Suganchand and respondent No. 2. Surajraj, as one of the trustees of the property on one Dhanraj for recovery of a sum of Rs. 1,000 alleged to have been advanced to Mahabir Gota Factory, Gwalior. The plaintiff based his fight to sue on a will executed in favour of himself, Surajraj and three others. The suit was based on an entry found in the account -books of the deceased Dhanraj.

(3.) THE plaintiff in his deposition proved that the entry Ex. P/2 in the rokad was in the handwriting of the deceased Dhanraj. The defendant No. 2, Surajraj deposed that he along with Suganchand were the owners of the firm Mahabir Gota Factory. He remembered having seen a credit entry of Rs. 1,000 in favour of Dhanraj in the account -books of the firm Mahabir Gota Factory.