DULARI Vs. CHOORAMANI

JUDGEMENT

(1.) THE plaintiff who was successful in the trial Court was non -suited in the appeal, therefore has preferred this appeal u/s 100 C.P.C.

(2.) THE appeal was admitted on 10.2.87 on the following substantial question of law : -

(3.) THE first appellate court held that the court is entitled to see the intention of the parties and the bar contained u/s 91 and 92 would not be attracted. Holding that the burden to prove that the document was genuine was on the plaintiff it found that the intention of the parties was not to sell the suit property under Ex. P -1 but it was executed as a colateral security for the loan and Ex. D -1 clearly recites that it was a loan transaction. On these findings the learned first court found that the plaintiff had failed to prove his case and is not entitled to any decree.