Falshaw, C.J. - (1.) THIS is an appeal against the order of a Tribunal constituted under the Displaced Persons (Debts Adjustment) Act of 195), dismissing a petition filed by the Appellant under Section 13 of the Act.
(2.) THIS section is the one which empowers the Tribunal to dispose of claims for the recovery of debts made by displaced persons against non -displaced persons -The Appellant Thakar Dass Bagai carries on the business of a stock broker at Delhi and is a displaced person. This was disputed before the Tribunal, but is no longer in dispute. Between 1948 and August 1951 the Respondent Dr. C.N. Bhargava, a resident of Lucknow, entered into a number of transactions with the Appellant regarding the purchase and sale of shares as a result of which a sum of Rs. 5,392/8/ - remained due from the Respondent to the Appellant who claimed this amount together with Rs. 405/ - on account of interest of 6% per annum in his application. The petition was contested on several grounds by the Respondent, who denied a number of transactions listed in the petition and alleged that the Appellant had cheated him in various ways and had also caused losses to him by failing to carry out his instructions. The principal defence on the basis of which the petition was dismissed was that the transactions in dispute were of a wagering character.
(3.) THIS question is now the only matter in dispute since no attempt had been made on behalf of the Respondent to reverse the finding of the Tribunal that the broker carried out the instructions of his client properly and that he entered into the transactions from which the losses resulted with two firms of brokers in Bombay.;