HARISINGH VIJAYSINGH Vs. FATEHSINGH NARAYAN

JUDGEMENT

(1.) PLAINTIFF' Fatehsingh sued defendant Harisingh for the recovery of Rs. 388-10-0. The suit related to the arrears of salary which the plaintiff was entitled to claim from the defendant. These arrears were said to be at the rate of Rs. 150 per month and were in respect of a period of three months. According to the plaintiff rs. 61-12-0 were received by him towards this amount of Rs. 450-6-0 and the balance of Rs. 388-10-0 is claimed in the suit.

(2.) THE defendant denied plaintiff's claim. He denied that he had ever employed the plaintiff as a driver. He owned no truck. According to the defendant the plaintiff was working with one Bharatsingh who has absconded and the plaintiff being unable to recover his money has brought a false suit against him. Before the plaintiff was employed by Bharatsingh he was, according to the defendant, without any work. He requested the defendant to find an employment for him and he had pointed out the name of Eharatsingh to him. For such a suggestion he could not be made legally liable.

(3.) THE trial Court on evidence came to the conclusion that the plaintiff was entitled to recover arrears of salary only in respect of the period of one month and 25 days for which he actually worked. He was not entitled to recover salary of one month in lieu of notice as was claimed by the plaintiff. He therefore granted a decree for rs. 233-10-0.