BHURILAL Vs. SHOBHABAI

JUDGEMENT

(1.) This revision petition is directed against the judgment and decree of the Civil Judge, Udaipur, dated 21-7-1978, whereby the plaintiff's appeal was allowed, judgment and decree of the Additional Munsif and Judicial Magistrate, First Class, Udaipur, dated 25-4-77 was set aside and the plaintiff's suit for recovery of money was decreed.

(2.) Briefly, the facts are that Smt. Shobhabai instituted a suit for the recovery of Rs. 1,000 principal amount and Rs. 75 interest, total Rs. l,075 with the allegations that the defendant borrowed a sum of Rs. 1,500 from the plaintiff's husband Gangaram on 2-1-1973, on interest and executed the document Ex. 1. The defendant, thereafter, paid a sum of Rs. 500 and interest for two months. She stated that she is the sole heir of her husband. The suit was resisted by the defendant and it was pleaded by him that the money was paid back to Gangaram. An issue relating to plea of repayment was struck as issue No. 2. After recording the evidence, the learned Munsif decided this issue in favour of the defendant and consequently .dismissed the plaintiff's suit. On appeal, the learned Civil Judge reversed the finding on issue No. 2 and decreed the plaintiff's suit. Dissatisfied with the judgment and decree of the learned Civil Judge, the defendant has preferred this revision petition.

(3.) I have heard Shri A. L. Mehta, learned counsel for the defendant-petitioner and Shri N. N. Mathur, learned counsel for the non-petitioner.