TEJ SINGH Vs. RAWAT MAN SINGH

JUDGEMENT

(1.) THIS application by the defendant is directed against the judgment and decree dated 23-12-58 passed by Shri R. L. Shah, Additional Civil judge, Udaipur. It arises out of a suit instituted by the plaintiff, Rawat Mansingh, who is the Jagir-dar of Thikana Kothariya, against the defendant petitioner Tejsingh, who is a 'sikmi' Jagirdar under the plaintiff. The amount was alleged to be due on the basis of a bond dated samvat 2007 Phalgun Vadi 8 corresponding to 1. 3. 1951.

(2.) THE case of the plaintiff was that a sum of Rs. 1,001/- was payable by the defendant under the document in question in various instalments. THE plaintiff laid claim in respect of the last six instalments of Rs. 33o/-for samvat 2010, 2011 and 2013, which appear to have remained due. THEre is also a claim for interest on the amount. THE defendant resisted the claim. He admitted execution of the document in question but the main plea taken by the defendant is that since it was executed for payment of 'nazrana' in lieu of the plaintiff's granting permission to the defendant to make an adoption of Samrathsingh as his son, the consideration was illegal and, as such, was not recoverable. THE trial court found that the alleged debt claimed by the plaintiff related to 'nazrana for recognising the adoption of a boy by the defendant and, therefore, the agreement to pay such a debt being against public policy was void and could not be enforced in law. On the above ground, the trial court dismissed the suit. On appeal, the learned Civil Judge in a very elaborate judgment has disagreed with the view of the trial Court and decreed the claim. '