BALU Vs. NATHURAM

JUDGEMENT

(1.) THIS is a Civil Revision application against the judgment of the District Judge, Sikar, dated the 13th December, 1951, reversing, on appeal, the judgment and decree of the court of Munsif, Neem ka Thana, dated the 18th August 1951.

(2.) THE facts of the case are that Nathuram son of Bhudaram filed a suit against Balu on the 26th of October 1950 for an amount of Rs. 153/- being the balance of the price of goods sold by the plaintiff to the defendant. It was alleged that the plaintiff sold 3 maunds and 32 seers of Ghee to the defen-dant at the rate of Rs. 80/- per maund on 18th February 1950 and an amount of Rs. 150/-was paid by the defendant towards the amount of the pride leaving a balance of Rs. 141/- which remained unpaid and which was agreed to be paid within a week after the delivery of the goods THE defendant admitted the transaction of sale of ghee to him by the plaintiff but pleaded that he had paid the entire amount of the price and nothing remained to be paid. Both parties went into evidence on the point of payment of full price of ghee purchased by the defendant from the plaintiff and the learned Munsif after trying the case dismissed the suit on the 18th of August 1951, holding that the plaintiff had failed to establish his case that any amount of price remained due against the defendant. On appeal, by the plaintiff, the District Judge, Slkar;on the 13th of December 1951 found in favour of the plaintiff that he had proved that only Rs. 150/- had been paid to him by the defendant on account of the price of ghee and that a balance of Rs 141/2/- remained outstanding against the defendant. It was also held that the trial court was wrong in placing the burden of proof on the plaintiff when it should have been pieced on the defendant. A decree for Rs. 153/- with costs was granted in favour of the plaintiff.