K.D.SHARMA, J. - (1.) THIS is a civil revision by Ajhar Hussain under Section 23 of the Rajasthan Small Causes Court Ordinance against the judgment and decree of the Judge, Small Causes Court, Jodhpur, dated 27th March, 1974, by which the petitioner's suit against Abdul Ghafoor for recovery of Rs. 164/ -, was dismissed with costs.
(2.) THE relevant facts giving rise to this revision petition may be briefly stated as follow : Ajhar Hussain instituted a suit against Abdul Ghafoor for recovery of Rs. 164/ -, in the Small Causes Court, Jodhpur, on 12th May,1973. It was alleged in the plaint that Abdul Ghafoor had been running a business under the name and style the Aradhna Sales Corporation. The said Corporation floated twO schemes Nos. 1 and 2 and invited membership from the public. Every person desiring to be member of the first scheme has to fill the membership form and to deposit Rs. 15/ -, per month for 16 months. Under scheme No. 1, 15 lucky numbers were to be drawn during the period of 16 months. Every lucky number was to be drawn on the 15th day of each month at 2 P.M. The member who got the lucky number would receive on 15th of any month during the 16 months one of the items, such as, cycle, electric radio, table fan etc., mentioned in the scheme, in addition to the amount deposited by him so far, and his name would be removed from the list of membership. Under he second scheme, floated by the Corporation, every member thereof was required to fill the form of membership and to deposit Rs. 10/ -, per month during the period of 24 months Under this scheme, the total lucky numbers to be drawn were 23 and the 24th would be the great lucky number. If any member got a lucky number, on 10th of any month during the period of 24 months he would receive Rs. 251/ -, in cash and would not be requited to deposit further installments and his name would be removed from the list of membership and if any member got great lucky number, he would receive a cooler or Rs. 501/ -, in cash or 200 Kgs. of wheat, one sofa set and 5 Valves electric radio of 5 Bands. Ajhar Hussain plaintiff deposited a sum of Rs. 240/ -, in all under the first scheme by way of installments of Rs. 15/ -, per month, while under the second scheme, he deposited a sum of Rs. 110/ -, only by way of 11 monthly installments. The defendant instead of giving the plaintiff a sofa set under the first scheme paid him a sum of Rs. 200/ - and promised him to pay the balance of Rs. 40/, after some time. Under the second scheme, the defendant did not repay the entire amount of Rs. 110/ -, although he promised the plaintiff to pay the aforesaid sum as and when demanded by the latter. Hence, the plaintiff sued the defendant for recovery of Rs. 150/ -, together with Rs. 15/ -, as interest.
(3.) THE defendant appeared before the Judge, Small Causes Court in response to the summons issued to him and contested the suit of the plaintiff on various grounds. In his written statement the defendant denied to have promised to pay the plaintiff a sum of Rs. 40/ -, after some time. According to the defendant's plea, the plaintiff received som of Rs. 200/ -, in full satisfaction of his claim and clearly mentioned in the receipt that nothing was due to him from the defendant. As regards the amount of Rs. 110/ -, claimed by the plaintiff the defendant, contended that in view of Clause 9 of the agreement, the plaintiff was not entitled to claim refund of this amount as he committed default in payment of monthly installments. The Judge. Small Causes Court, Jodhpur, recorded the statements of the parties and dismissed the suit with costs as stated above. The plaintiff has come up to this Court in revision, as stated above.;