CHANNILAL Vs. BUNDELAL

JUDGEMENT

(1.) THIS is a revision under Section 25 of the Provincial Small Cause Courts Act from a judgment and decree of the Small Cause Court. Hoshangabad, dismissing the plaintiffs' claim.

(2.) THE petitioners' case was that the respondent borrowed from them one Mani of juar and 2 maunds of gram on September 11, 1967 under a receipt (Ex P-l) and promised to return l1/4 quantity of the grain so taken on credit. It is not in dispute that the value of the grain borrowed was Rs. 210/ -. The plaintiffs claimed Rs. 310/- by including Rs. 100/- as damages for breach of the contract for not returning the grain as promised.

(3.) THE defence was that the plaintiffs practised fraud on the defendant and obtained his signature on Ex, P-l after compromising a case which had been pending before the Debt Relief Court, The execution of the document was, however, admitted subject to the above contention.