VAGARAM Vs. DHARAMCHAND

JUDGEMENT

(1.) THIS revision is directed against the judgment and decree dated 6 -11 -1973 passed by the Additional District Judge, Sirohi, whereby the plaintiffs' suit was decreed for a sum of Rs. 632.80 p. reversing the judgment and decree of dismissal passed by the learned Munsif, Sirohi, dated 20 -1 -1973.

(2.) THE facts giving rise to this revision petition, may be briefly noticed. The plaintiffs instituted a suit for the recovery of Rs. 898.25 p. on the basis of 'Khata' Ex. 1, which is reproduced below:

(3.) THE defendant denied the plaintiffs' claim and he even denied his signatures on Ex. 1 on 28 -2 -68 and plea of limitation was also taken It was also averred that the plaintiffs obtained his signatures in the alleged 'Khata' on 15 -2 -68. Plea to this effect was also taken that the alleged 'Khata' was not there are agreement nor an acknowledgement, so no cause of action arises to the plaintiffs. It was also alleged that the defendant purchased a house from the plaintiff on 21 -2 -1963 for a sum of Rs. 2,000/ - and a sum of Rs. 1,500/ - was paid towards the sale price and a balance of Rs. 500/ - remained to be paid but this amount became barred by time.