SITARAM Vs. HARIPRASAD

JUDGEMENT

(1.) THIS is an Ijlas Khas appeal by the plaintiff against the judgment and decree of a Division Bench of the High Court of the former State of Jodhpur, dated the 6th of December 1948.

(2.) A few facts, which are no longer in dispute between the parties, may be briefly stated for proper appreciation of the case. Both the praties are residents of Mundwa village which is situated in Nagaur district. Appellant No. 1 Sitaram is an adopted son of Govindram and appellant No. 2 is his widowed mother. It is common ground between the parties that Govindram, adoptive father of appellant No. 1 and Heeralal, father of the respondent Hariprasad had monetary dealings prior to Samwat 1988. On Kartik Vad 9 Samwat 1988 an account was settled between them and a balance of Rs. 4700/- was found against the resopndent's father payable to Govindram. There were no further advances or payments from one side to the other after that date.

(3.) LEARNED counsel for both sides have addressed arguments on the next point as well, and in deference to their lengthy arguments we propose to deal with that question also.