SADH Vs. PANU

JUDGEMENT

(1.) THIS is an appeal from a judgment and decree, dated 25 -7 -1949, of the Dist J. reversing a judgment and decree dated 27 -11 -1948, of the Senior Subordinate Judge, with the result that the pltf's suit was dismissed.

(2.) THE pltf., Sadh, commenced the action by a plaint, dated 7 -7 -1948, alleging that in Savan 2002, corresponding to July 1945 he had sold two packmules and potato -crops of two fields to the defts. for Rs. 3,000. (Rupees three thousand) and allowed him credit till Poh for payment. The defts. made payments from time to time and at the time of the action, a balance of Rs. 750 (Rupees seven hundred and fifty) was still due from them.

(3.) ON 3 -8 -1948, the deft. Panu's statement was recorded. He stated that the price was fixed at Rs. 2,000 and he had paid Rs. 1,000, at the time the bargain was struck and twenty or twenty -five days later on, he paid the balance.