GOVARDHAN DAS Vs. AHMADI BEGAM

JUDGEMENT

(1.) HEARD the arguments of the parties.

(2.) THIS is Defendant's appeal. The Plaintiff -Respondent filed a suit for the payment of Rs. 1500/ - or in the alternative for the sale of the property and payment of the mortgage money. Plaintiff's case was based upon two mortgage deeds; one is dated 1st Farwardi 1351 F. for the sum of Rs, 800/ - and the other dated 17th Dai, 1353 F. for Rs. 250/ -. In the written statement, the Defendant while admitting the mortgage deeds stated that he had paid on the 31st Farwardi 1353 F. Rs. 950/ - towards the mortgage money in respect of the two mortgage deeds and that he had to pay the balance of Rs. 100/ - for. which a decree be passed and that he is prepared to pay that amount.

(3.) THE first appellate Court disagreeing with the judgment of the trial Court decreed the Plaintiff's claim in toto and was of the view that Ex. A. 1 was not proved by evidence. Against that judgment this appeal has been filed and the question for determination is, whether Ex, A. 1 has been proved or not.