SRI RAM DAYALU DAS BABAJI Vs. DUKHA JENA

JUDGEMENT

(1.) PLAINTIFFS suit is for recovery of Rs. 600/-on the basis of a promissory note (Ext. 1) for Rs. 443/- paid in cash to and executed by the defendant on 4-10-1958. Defendant admitted execution but denied passing of consideration. His case was that there was a Civil Suit between the plaintiff and one Raghunath Das regarding succession to the Mahantship of the Muth Sri Raghunath Mohaparayu at dharakote. Defendant was in cultivation of some lands in village Sunapalli belonging to the Math. During the pendency of that suit, plaintiff thereatened the defendant with eviction and he was forced to execute a Muchalika (Ex. A) dated 410-1958 on payment of a Salami of Rs. 500/ -. The suit promissory note was executed at the same time by way of security for payment of the Rajbhag paddy. Mahant Raghunath Das succeeded in the aforesaid suit and the defendant had to pay the Rajbhag paddy to him and not to the plaintiff. The suit is based on the promissory note executed without consideration.

(2.) THE trial Court decreed the suit. The lower appellate Court dismissed the suit holding that though the oral evidence on either side was unreliable and unsatisfactory, the presumption of passing of consideration under Section 118 of the Negotiable Instruments Act was rebutted by the circumstantial evidence establishing that no consideration passed. Against the decree of the lower appellate Court dismissing the suit, the Civil Revision has been filed.

(3.) MR. Rath raised the following contentions: