BALAKDAS Vs. SHIVNARAIN

JUDGEMENT

(1.) THIS is plaintiff's appeal against the judgment and decree of the learned District Judge, Alwar dated 19th January, 1973 dismissing the suit of the plaintiff for the recovery of Rs. 10,840/ - on the basis of a pronote and the receipt executed by the defendant respondents.

(2.) THE case of the plaintiff was that he was a Pujari of a temple situate in between the two villages Jaitpur and Hudia. The defendants borrowed Rs. 8,000/ - from the plaintiff after executing a pronote and a receipt which were scribed by PW 2 Ramavtar. The receipt had the thumb impressions of the two witnesses PW 3 Jagram and PW 4 Ghisa. Since the pronote did not contain the prescribed value of the stamp, therefore it was not found by the court below admissible in evidence. On the basis of the receipt and the oral testimony adduced by the plaintiff, the decree was sought by the appellant but the learned lower Court dismissed the plaintiff's claim disbelieving the statements of the plaintiff and his witnesses.

(3.) THE learned trial Judge did not believe the defendant's plea of alibi. The learned Counsel for the respondents did not press that point before this court also.