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Chhanga Mal Vs. Sheo Prasad - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1920All167; 55Ind.Cas.965
AppellantChhanga Mal
RespondentSheo Prasad
Cases ReferredDayabhai Tribhovandas v. Lakhmi Chand Pana Chand
Excerpt:
contract act (ix of 1872), sections 30, 65 - wagering contract, money deposited on account of, whether can be recovered. - .....is still due from him, it turned out on the evidence of both parties in the court below that the business in respect of which the money was paid to the applicant was in respect of satta transactions, that is wagering contracts. the defendant applicant went into the witness-box and stated that he had made wagering contracts on behalf of the plaintiff, the opposite party, with certain other firms in which losses had been sustained and the deposit made by the plaintiff had been swallowed up by the losses the learned judge of the small cause court did not believe the defendant with regard to the losses. however, it is common case of both the parties that the money was given on account of satta transactions by way of security. section 65 of the contract act, under which the decree of the.....
Judgment:

Rafique, J.

1. This application in revision is against a decree of the Small Cause Court Judge of Cawnpur, dated 16th September 1919. It appears that the opposite party, the plaintiff, sued to recover Rs. 65 on the allegation that he had deposited Rs. 100 with the applicant with the object of doing some business; that the business was not carried out and the applicant returned Rs. 35 and Rs. 65 is still due from him, It turned out on the evidence of both parties in the Court below that the business in respect of which the money was paid to the applicant was in respect of satta transactions, that is wagering contracts. The defendant applicant went into the witness-box and stated that he had made wagering contracts on behalf of the plaintiff, the opposite party, with certain other firms in which losses had been sustained and the deposit made by the plaintiff had been swallowed up by the losses The learned Judge of the Small Cause Court did not believe the defendant with regard to the losses. However, it is common case of both the parties that the money was given on account Of satta transactions by way of security. Section 65 of the Contract Act, under which the decree of the lower Court seems to have been passed, does not apply, vide Dayabhai Tribhovandas v. Lakhmi Chand Pana Chand 9 B. 358. I think that under the law the claim of the plaintiff is not sustainable. I allow the application, set aside the decree of the Court helow and dismiss the claim of the plaintiff. Costs are allowed to the defendant-applicant throughout.


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