SHEODANA Vs. VINAY SINGH

JUDGEMENT

(1.) THIS is a second appeal by the defendant against the judgment and decree of the learned District Judge, Jaipur District, dated the 18th November, 1952.

(2.) THE facts giving rise to it are that on the 15th of July, 1949, plaintiff-respondent Vinay Sing filed a claim for Rs. 600/- in the court of the Civil Judge Sambher. It was averred by him that on the night between 14th and 15th June, 1949, his camel was stolen away. Later on, he came to know that it was seen in possession of the defendant. THE plaintiff asked the defendant to return the camel. For some time he kept on making false excuses and led the plaintiff to believe that he would return the camel in a few days, since it was taken away by his brother Ranjeeta. Ultimately, on Mah Sud 4th, S. 2005 (correspo-ding to 2nd Feb. , 1949) the defendant executed a document in the plaintiff's favour to the effect that either he would return the camel to him or pay him Rs. 600/- for its price. THE plaintiff proceeded to say that the defendant had failed to keep his promise in terms of the said agreement. He neither returned the camel, nor paid its price. It was, therefore, prayed that a decree for Rs. 600/- with costs be given against the defendant.