NANURAM Vs. VISHWAMITRA

JUDGEMENT

(1.) THE defendant Nanuram has filed this Revision application from the judgment and decree of the District Judge, Merta dated 7-4-1966 in a money suit.

(2.) IT is the admitted case of the parties that the plaintiffs-non-petitioners sold their standing crop in the field situate in village Dhanni to the defendant petitioner for a consideration of Rs. 500/- in cash, one maund of Bajri and one cartload of Pala. Since the defendant did not pay the amount, nor gave the stipulated Bajri and Pala, the plaintiffs filed this suit in the court of the Munsiff, Didwana for recovery of Rs. 500/- in cash and Rs. 253/14/6 as interest thereon, Rs. 32/- as cost of the stipulated Pala, Rs. 16/- as cost of one maund of Bajra and Rs. 10/- on account of Bighori= Total Rs. 811-14-6. The defendants contended that this transaction took place not in Sambat 2017, as alleged by the plaintiffs, but in Smt. 2016, and thus a material alteration in the Smt. year had been made by the plaintiffs in the suit document (Ex. 1) in order to bring the suit within limitation. IT was further pleaded that the defendant had made full payment and had also delivered the stipulated Bajri and Pala and nothing was due, and this suit had been brought on account of the strained relations between the parties.