CHHATARAM Vs. KODUMAL

JUDGEMENT

(1.) This is an appeal by one Tikamdas under section 40 of the Displaced Persons (Debts Adjustment) Act 1951 against an order of the Civil Judge, Jodhpur, dismissing his claim filed under section 10 of the Act. During the pendency of the appeal Tikamdas died and his legal representatives have been brought on record.

(2.) The claim was filed against Kodumal respondent for the recovery of a sum of Rs. 510-15-3 principal and Rs. 300.00 interest, on 25-8-58 on the allegation that Tikamdas was a displaced debtor.

(3.) It is not disputed that before partition the parties used to reside in Karachi and migrated to India after partition. The case of the plaintiff is that the defendant used to purchase goods from him on credit and used to made payments from time to time. The dealings between the parties started on 30-9-47. Copies of the entries in the account books of the plaintiff have been filed. It is alleged that on 1st Jan. 1950 accounts were settled between the parties and a sum of Rs. 610-15-3 was found due to the plaintiff against the defendant. The defendant agreed to this balance verbally on that date and on 7-1-50 he acknowledged this balance in writing (paper No. C. 1/3). He renewed the above Khata on 13-12-52 under his signatures by endorsing "the above Khata is renewed". He made a payment of Rs. 100.00 and executed another Khata on 11-12-55 (paper C. 1/2) which runs as follows