SHEO SAHAYA Vs. BHAGTAWARA

JUDGEMENT

(1.) THIS is a revision by the plaintiffs against the judgment and decree of the Judge, Small Cause Court, Jaipur City, dated 23rd June, 1955.

(2.) THE plaintiffs instituted a suit on the basis of a bond alleged to have been executed by Ramnarain for himself and his father Bhagtawara, the two being defendants in the suit. THE recital in the bond, that is khata, was that a sum of Rs. 252/- in cash had been received for the purpose of paying off creditors and for household expenses. In the plaint the case set up by the plaintiffs was that there were old dealings between the plaintiffs and the defendants, and an account thereof was made up by the defendants, and the khata was executed by Ramnararain for himself and his father. THE two defendants denied the execution , of the khata. THE finding of the learned Judge was that Ramnarain did execute the khata and Bhagtawara was not liable thereon. As regards Ramnarain, he was also not held liable because no money had been advanced admittedly by the plaintiffs, although recited in the khata, and the plaintiffs failed to prove any previous accounts which may have shown any indebtedness of Ramnarain in consideration where of the khata may have been executed. THE Judge accordingly dismissed the suit.