SURAI PARKASH Vs. JAGDISH MITTER
HIGH COURT OF JAMMU AND KASHMIR
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(1.) This is a defendant's first appeal and arises out of the following facts as alleged by the plaintiff: (1) That the defendant is by profession a Dalai. In the year 2002 the defendant used to get the goods of the Artist and other merchants released from the Tawi railway station and afterwards bring them to the city. In lieu of this work he was to be paid commission. (2) That the defendant worked as a Dalai for the plaintiff from 12th Jeth 2002. (a) That the defendant received various items of money from the plaintiff on different dates and after getting credit for the work done and payments made, a sum of Rs. 4503 and AS. 0-6-0 was lying with the defendant as payable to the plaintiff. Out of this sum the plaintiff relinquished his claim to Rs. 3-6-0 and brought the present suit for Rs. 4500.
(2.) The defendant in his written statement has admitted the receipt of gone items of money and denied the receipt of others. In short his answer to the case of the plaintiff is that he does not owe him any money, and that on the contrary the plaintiff is indebted to the defendant for a sum of Rs. 1059. He makes a prayer that the suit be dismissed.
(3.) The following issues were framed in the case :
(1) Whether the defendant borrowed Rs. 3000 from the plaintiff on 16th ASSUJ 2003 and further borrowed from 19-12-2003 to 15th Jeth 2004 Rs. 179 and Rs. 5 which are covered by list C. O. P. on plaintiff.
(2) Whether the defendant has paid the 3 items of Rs. 11-4-0, Rs. 128-2-0 and Rs. 1720 covered by lists A & B produced by the defendant. O. P. on defendant.
(3) Whether the plaints was entitled to an interest of Rs. 6 per annum. O. P. on plaintiff.
(4) Whether the suit was time barred. O. P. on defendant.;
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