MOOLCHAND Vs. LACHMAN

JUDGEMENT

(1.) THIS is a second appeal by the plaintiffs in a suit for recovery of money.

(2.) THE appellants Mool Chand and Chaju Lal instituted a suit in the Court of Civil judge, Sawai Jaipur, Amber and Dausa on the 15th of August, 19415, against rupa and his two sons Lachman and Dhanna, in the allegations that the defendants had money dealings with the plaintiffs for many years, and on second Sawan Sudi 15, Samvat 1996 (29th August, 1939), they made up, the previous accounts, and admitted a sum of Rs. 1063/- to be due against them, and got a khata executed in the bahi of the plaintiffs by the hand of Ganesh Patwari, and affixed their signatures thereon after putting a one and ticket on the khata, it being agreed that the rate of interest payable was one rupee per mensem. The plaintiffs claimed Rs. 1753/- inclusive of principal and interest after giving credit for Rs. 50/- alleged to have been paid on 16-8-1941.

(3.) THE defendants denied the execution of the khata, and pleaded that the plaintiffs had obtained certain decrees for the moneys which had been outstanding against them, that these decrees had been satisfied, and nothing remained due against the defendants.