MAWJI RAMJI AND ORS. Vs. PREMJI KUMBHABHAI CHANDA

JUDGEMENT

(1.) PLAINTIFFS ' suit is for recovery of Rs. 6,800/ - with pendente lite and future interest on the basis of a promissory note (Ex. 1) dated 9 -8 -1957 for Rs. 5,000/ - executed by deceased Ramji Haridas (hereinafter to be referred to as the deceased). Defendants Nos. 1 and 2 are the sons. Defendant No. 3 is the widow and Defendant No. 4 is the son's son of the deceased. In the plaint, a bald case was advanced that the Defendants as heirs and successors of the deceased are in possession of vast properties left by him and did not pay up the dues despite repeated demands. The cause of action was alleged to have arisen on 9 -8 -1954 when the loan was advanced and on 9.8.1957 when Ex. 1 was renewed. At the evidence stage, Plaintiff advanced the story that in his presence at Jatni Ex. 1 was executed and the deceased put the dates thereon.

(2.) THE learned trial Court recorded the following findings:

(3.) IT is the common case of the parties that Ex. 1 was executed by the deceased. Dispute centres rounds the question whether the two dates '9 -8 -1957', one at the top and the other below the signature of the deceased, were put by him or have been subsequently put in by the Plaintiff to avoid limitation.