JANESHWAR SINGH Vs. TALKESHWAR SINGH

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent of the court is by the defendant.

(2.) The plaintiff respondent instituted a suit for recovery of Rs. 9000/- as principal and interest thereon alleging, inter alia, that in January, 1957, there was an agreement between the parties to run a truck business jointly in equal shares. Arcording to the agreement, a truck of the value of Rs. 18,000/- was to be purchased for which each party was to pay half. The defendant was to make purchase of the truck. The plaintiff in the circumstances, according to the terms gave Rs. 9000/- to the defendant, the understanding being that in case the truck was not purchased the defendant would refund the said amount to the plaintiff. The money was paid on 11-1-1957 and it was plaintiffs case that the defendant granted a receipt (Ext. 8), which also stated that in case the truck could not be purchased the amount would be refunded to the plaintiff. No truck was purchased. Thereafter the plaintiff demanded refund of the money but the defendant did not pay the money and went on putting off the matter.

(3.) The case of the defendant was that there was no such agreement nor the plaintiff advanced Rs. 9000/- to the defendant. He denied t'o have granted the receipt (Ext. 8). According to him, it was a manufactured document.