BRIJ BAHADUR SINGH Vs. BHAGWAN RAJPUT

JUDGEMENT

(1.) This revision is directed against the judgment and decree passed by the 2nd Additional District Judge, Dewas in Appeal No. 1-B/07 whereby the judgment and decree passed by the trial Court was affirmed.

(2.) Applicant/plaintiff filed a suit for recovery of a sum of Rs.21,000/- together with interest on the allegation that on 20.4.03 the respondent herein had entered into an agreement to work as "Hali-Labour" in the agricultural field of the applicant. The claim of the applicant was that despite the agreement, respondent had neither worked in the field nor returned the amount of Rs.21,000/- which was paid to him in advance, therefore, suit was filed. In the written statement claim was denied by the respondent. It was stated in the written statement that by virtue of forged document projected as agreement, applicant wanted respondent to work as bonded labouer. Based upon the pleadings of the parties, trial Court framed issues and allowed the parties to adduce the evidence. Trial Court dismissed the suit on the ground that the agreement was void under the provisions of The Bonded Labour System (Abolition) Act, 1976 (for short the Act) which came into force on 25.10.1975. Being aggrieved by the judgment and decree of the trial Court, applicant preferred a first appeal and by the impugned judgment and decree, as has been stated herein above, appeal was dismissed; hence this revision.

(3.) We have heard learned counsel for applicant at length and also perused the records of the Courts below.