WAMAN Vs. VISHNU

JUDGEMENT

(1.) THE defendant-appellant raises four points in this, second appeal :

(2.) I will dispose of these grounds seriatim:

(3.) THIS finding is based on a misreading of the documentary evidence and must be set aside. A careful examination of the entries of Ganoo's Khataoni from 1965,1967 Samat and kird, p. 2, and also of Tukaram's new khata at p. 7 of the khataoni for the Samat year 1967 and the entries in the rojnamas clearly show that on Poush Sudhi 6 of 1967 Rs. 200 were paid towards the satisfaction of the old debt of Rs. 295 and for the balance of Rs. 149-4-0, which consisted of Rs. 125, the balance left due under the old bond and Rs. 24-4-0 on aooount of a fresh pro-note of Rs. 22-8-0 (executed in satisfaction of father's previous pro-note for Rs. 17-8-0) plus Re. 1-12-0 interest thereon a fresh bond for Rs. 100 and a pro-note for Rs. 49-4-0 were executed, on Poush Sudhi 8 and, therefore, credit was given towards the khata. This would show that the sum of Rs. 210 paid on Kartik Badi 11 of 1970 Samat was towards the satisfaction of the bond debt of Rs. 125 and pro-note of Rs. 17-8-0 in lieu of what the pro-note of Rs. 49-4-0 came to be executed in due course.