SHANKERLAL Vs. JAMAL

JUDGEMENT

(1.) THIS is a plaintiffs' second appeal in a suit for money which has been decreed by both courts below, though for varying amounts as to interest, and wherein the plaintiffs have been deprived of their costs.

(2.) THE plaintiffs founded their suit on five documents in all alleged to have been executed by the defendant in their favour, on the basis of which they claimed 2781/8/- as principal and Rs. 1232/8/- as interest the total of these amounts comes to Rs. 4014/- but they brought their suit for the recovery Rs. 4000/- only relinquishing their claim for the rest of the amount. THE defendant denied the execution of the documents in suit and contended that he had never borrowed any money from the plaintiffs. THE defendant further contended that the plaintiffs had agreed to purchase and the former to sell a certain shop to the plaintiffs for Rs. 4000/-suggesting thereby that he had received the same as sale-consideration thereof and that the latter could only claim this money back if they proved that the defendant had refused to fulfil the contract.