MUHANMAD ABID HUSSAIN KHAN Vs. LALA BHAGWAN DAS

JUDGEMENT

(1.) This appeal arises out of a suit for recovery of the amount alleged to be due by the defendants Muhammad Abid Husain Khan and Musammat Zainab Bibi to the plaintiffs. The Court below gave a decree for the amount claimed as against the defendant Muhammad Abid Husain Khan but dismissed it as against the female defendant. Abid Husain Khan has appealed against the decree.

(2.) The circumstances are these. There were money transactions between the plaintiffs and the defendants and at the time when the sarkhat, to which we shall presently refer, was signed, there was a sum of Rs. 6,839-2-9 admittedly due by the defendants to the plaintiffs, but the debt was statute barred. It was agreed between the parties that of this sum of Rs. 1,339-2-9 should be remitted leaving a balance due of Rs. 5,500. The plaintiff paid an additional sum of Rs. 250 to the defendant-appellant and he thereupon signed the following sarkhat.

(3.) "Sarkhat in favour of Lala Mathura Mal Bhagwan Das resident of Shahganj Bazar Sambat 1960, interest at the rate of Rs. 1-8-0 per cent, per mensem, debit Bhadon Badi 7 Sambat 1960 received in cash Rs. 5,750-0-0 signed Musammat Zainab Bibi, wife of Muhammad Abid Husain Khan, and Muham mad Abid Husain Khan himself. Received Rs. 5,750 in cash by the pen of Muhammad Abid Husain Khan general attorney of the said Musammat." Then under date Bhadon Sudi 14th there is an acknowledgment of the receipt in cash through Jaisri Misra of Rs. 30 and under date Sawan Sudi 14 Sambat 1960 to 1961 interest at the rate of Rs. 1-8-0 percent, per mensem viz., Rs. 700 is entered showing a total indebtedness at this date of Rs. 6,480-0-0. Subsequently a sum of Rs. 200 was advanced under date Sawan Sudi 14 and a Sarkhat was signed by Muhammad Abid Husain Khan as general attorney of his wife and for himself, in which there is -an. admission of the balance due under the older Sarkhat of Rs. 6,480 and there is the additional entry of Rs. 200. For the purpose of recovering this debt and interest the suit was brought.