KASTURCHAND JIWAJI Vs. MANEKCHAND DEVCHAND

JUDGEMENT

(1.) This appeal arises out of a suit to recover Rs. 1,005 due on a khata for Rs. 1,000 dated October 17, 1931, followed by another khata for Rs. 1,175 dated September 24, 1934. The suit was filed on September 20, 1937. The defence was that the khatas had not been passed for any cash consideration but for past debts found due on accounts, that the plaintiff used to take similar khatas from time to time, that as one of such previous khatas passed in 1929 was taken after the debt had become time-barred, the khata in suit must be treated as without consideration and that the claim was time-barred.

(2.) The trial Court held that the defendant did not prove that he got no consideration for the transaction in suit evidenced by the khata of 1931 and that the suit transaction was not for balance for past transaction as alleged by defendant No. 1 and that the claim was not time- barred. The plaintiff was therefore given a decree for the amount claimed with future interest and costs.

(3.) In appeal the learned District Judge found that there was no cash consideration for the khata of 1931, that it had been passed for balance due on previous khatas and that the suit was barred by limitation. He, therefore, allowed the appeal and dismissed the suit with costs.