SHEESH DAN Vs. KISHANLAL

JUDGEMENT

(1.) THESE two appeals arise out of a single suit for recovery of money.

(2.) KISHANLAL instituted the present suit on 15th May, 1948, on the allegations that he had dealings with Pabudan and Kirnidan, defendants Not*. 1 and 2 and on 5th November, 1938, the previous account was taken. Some more advance was made, and the two defendants executed a Khata of Rs. 1701/-, and tor repayment of the amount, they hypothecated their one-fourth share in the income of Dakaniyawas, and their half share in Kothi Phalsawali, situated in the same village, for 17 years from Svt. 1995 to Svt. 2012, by way of baraskatti and it was stipulated that if the debtors did not permit the recovery of the income of this land in any year, he would pay Rs. 200/- for that particular year. It was alleged that Chandidan and Ramkarandan stood as sureties for the carrying out of the aforesaid agreement. It was then alleged that the plaintiff recovered the income of the hypothecated land till Svt. 2001, but thereafter the debtors did not permit the recovery of the income from the hypothecated land. The plaintiff claimed Rs. 600/- for three years, Svt. 2002, Svt. 2003 and Svt. 2004, according to the agreement.