RAM PARKASH Vs. DINA NATH

JUDGEMENT

(1.) THE plaintiff is aggrieved against the judgment and decree passed by the learned First Appellate Court dismissing his suit for the recovery of Rs. 7704/- which was decreed by the learned trial Court in the first instance.

(2.) THE brief facts, out of which the present appeal arises, are that the parties were partners in leasehold rights in agricultural land measuring 469 Kanals 9 marlas situated in village Barsat. Partnership was dissolved on 4.8.1967. Accounts were settled and a sum of Rs. 7400/- was found to be due to the plaintiff. As per the plaintiff, the defendant executed three pronotes in the sum of Rs. 4000/-, Rs. 2400/- and Rs. 1000/- on account of relinquishment by the plaintiff of his leasehold rights in the land. However, the defendant paid a sum of Rs. 1000/- relating to one pronote but the liability in respect of two pronotes was not discharged and therefore, the plaintiff filed suit for recovery of two pronotes of Rs. 4000/- and Rs. 2400/- along with interest thereon.

(3.) THE defendants, in the written statement, admit the execution of the pronotes as well as agreement between the parties dated 4.8.1967 and admit that a sum of Rs. 7400/- was payable on 20.11.1967. Reply of the defendants in para No. 1 and 1-A of the amended written statement is as under :