SOOBA Vs. AMAR NATH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of Addl. District Judge, Jammu, dt. Feb.7, 1981, decreeing the suit of the plaintiff-respondent for a sum of Rs. 8,661.98 p. recoverable from the defendants-appellants.

(2.) The plaintiff's suit was that the defendants purchased cloth from their shop on various occasions and after deducting the payments made by the defendants an amount of Rs. 12,000/- remained due against them which was not paid despite several demands made for it. The defendants denied the claim of the plaintiff as, according to them, they made excess payment of Rs. 2,104.95p. They further averred that an amount of Rs. 500/- was also paid to the plaintiffs on 15-11-1975 prior to the institution of the suit and another amount of Rs. 500/- through bank draft after the institution of the suit and thus they claimed themselves to be entitled to recovery of Rs. 3,104.95 back from the plaintiff. The defendants thus made a counter claim and affixed court fees in regard to the above said amount.

(3.) On the pleadings of the parties the trial court framed four issues in the case. Both the parties led evidence in the case and the learned Addl. District Judge, Jammu decreed the suit of the plaintiffs to the extent of Rs. 8,661.98 p. on the basis of agreement between the parties.