SAMIRMAL Vs. GENDALAL

JUDGEMENT

(1.) PLAINTIFFS sued defendant Samirmal on the basis of a writing alleged to have been executed by the latter on Pous Bidi 7 Samvat 2004 for an avowed consideration of Rs. 6,000.

(2.) THE defendant contended that the writing sued upon was not a receipt and being insufficiently stamped was inadmissible in evidence. It was also stated that the plaintiff's allegations as they are stated in Para 2 of the plaint were not admitted. The defendant further denied to have received consideration stated in the document. In the end he prayed for instalments.

(3.) IT later recorded evidence of both parties and held that the execution of the document by the defendant was both proved and admitted by the defendant.