JAGANNATH MISHRA Vs. BISHNU CHARAN PANIGRAHI

JUDGEMENT

(1.) DEFENDANTS are the Petitioners in this civil revision against a reversing money decree.

(2.) PLAINTIFF filed the suit for realisation of Rs. 2.750/ - from his father -in -law (Defendant No. 1) and brother -in -law (Defendant No. 2). It is not in dispute now that Plaintiff advanced a loan of Rs. 4.000/ - to the Defendant No. 1 out of which the latter has paid Rs. 1,250/ - only. The suit was filed for the balance amount. Case of the Defendants is that Defendant No. 1 spent Rs. 2,000/ - in respect of purchase of a piece of land by the Plaintiff Liability to the extent of Rs. 750/ - was admitted.

(3.) CLAIMING that - he himself spent the amount, Plaintiff proved the transfer deed dated 24 -2 -1973 (Ext. 4) and the entry in the pass -book proving withdrawal of the amount from the bank (Ext. 1) in corroboration. Defendant No. 1 examined d. w. 2, the Revenue Clerk of the Math to prove that be received the amount from Defendant No. 1 and not from the Plaintiff.