BHOORMAL Vs. CHUNILAL

JUDGEMENT

(1.) THIS is a second appeal by one of the defendants against the judgment and decree of the learned District Judge, Pali reversing the judgment and decree of the learned Civil Judge, Sojat in a suit for recovery of money.

(2.) THE suit was filed by Chunnilal and his two sons Hansraj and Sohanlal against Narainlal and Bhooramal for recovery of Rs. 2835/ -. Plaintiffs and defendant No. 1, i. e. , Narainlal are close relations, Hansraj one of the plaintiffs being married to the daughter of Narainlal. Plaintiffs' case was that on 18th March, 1945, Bhoora Mal acting as agent of Narainlal borrowed Rs. 2000/- from them and executed a Khata in their Bahi for the same. It was further alleged that after the execution of the Khata Bhooramal defendant No. 2 in his capacity as Am-Mukhtiar of Narainlal on three different occasions acknowledged the above debt by adding interest to the principal sum in the Khata. Since the defendants failed to pay the amount, plaintiffs claimed a decree against. Narainlal in the first instance failing which a decree against Bhooramal defendant No. 2.