Nevaskar, J. - (1.) PLAINTIFFS sued defendant Samirmal on the basis of a writing alleged to have been executed by the latter on Pous Bidi 7 Samvat 2004 for an avowed consideration of Rs. 6,000. The Writing contained the following recital: Date of maturity of Maha Bidi 6 Samvat 2004, Salutations to Bhai Kasturchandji Suarjmalji from Gendalal Samirmal. 1 have received Rs. 6,000 (in words rupees six thousands) taken by me for one month on Pous Bidi 6 Samvat 2004. Miti Pous Bidi 7 Samvat 2004. (On one anna stamp)Gendalal SamirmalSd/Samirmal Badjatia.
(2.) THE defendant contended that the writing sued upon was not a receipt and being insufficiently stamped was inadmissible in evidence. It was also stated that the plaintiff's allegations as they are stated in Para 2 of the plaint were not admitted. The defendant further denied to have received consideration stated in the document. In the end he prayed for instalments. The trial Court by its order dated 9 -6 -1950 held relying upon - - 'Karam Chand v. Firm Mian Mir Ahmad Aziz Ahmad', : AIR 1938 PC 121 (A) that the document sued upon was a receipt and was therefore properly stamped and is admissible in evidence.
(3.) IT later recorded evidence of both parties and held that the execution of the document by the defendant was both proved and admitted by the defendant.;