KALYANJI DHANA Vs. DHARAMSI DHANA AND CO

JUDGEMENT

(1.) The facts giving rise to this appeal are as follows. The respondent obtained a decree for Rs. 1,500 and odd against the appellant in a suit in the Small Cause Court, Bombay. The decree was transferred for execution to the Subordinate Judge's Court at Andheri. The respondent then filed a darkhast on December 6, 1930, and in reply thereto the appellant (the judgment-debtor) made an application on December 19, 1930, in which he alleged that there had been an adjustment of the decree on November 4, 1930.

(2.) The trial Court framed issues (1) Whether defendant can lead oral evidence regarding the alleged adjustment; (2) Whether defendant can plead the adjustment and satisfaction before this Court. The learned Subordinate Judge held on both issues against the defendant. He relied on Lachman Das V/s. Baba Ramnath Kalikamliwala (1921) I.L.R. 44 All 258, and on Mehbunissa Begum v. Mehmedunnisa Begum (1924) 27 Bom. L.R. 403 The defendant's application was, therefore, rejected.

(3.) An appeal to the District Judge of Thana was dismissed. That learned Judge agreed with the lower Court. He has cited the case of Rajah of Kala hasti v. Venkatadri Rao (1927) I.L.R. 50 Mad. 897 in addition to the cases relied on by the Subordinate Judge. There were questions of the defendant's status raised in the lower Courts with which I am riot concerned in this appeal. The learned advocate for the appellant-defendant challenges the findings of the lower Courts on the two points which I have mentioned, and in my view they cannot be sustained.