NARASIMHA MURTHY Vs. JANAKIRAMA

JUDGEMENT

(1.) This Revision Petition is filed against the Judgment and Decree of the Trial Court dated 10.3.2000 dismissing the suit in S.C. No. 245/98 by the petitioner for recovery money on the basis of an agreement alleged to have been executed by the respondent/defendant in connection with the alleged hand loan borrowed by him.

(2.) I have heard the learned Counsel for the petitioner and perused the judgment and decree of the Trial Court. The plaintiff based his suit on the basis of the agreement Ex.P.1, the execution of which is categorically denied by the defendant. The case of the plaintiff is that defendant borrowed Rs. 10,000.00 and executed the agreement Ex.P.1 in the presence of PW-2. The Trial Court disbelieved the version of the plaintiff. It has come in the evidence of plaintiff himself, who has examined as PW-1 that he borrowed a sum of Rs. 5,000.00 from one Puttaswamy and advanced Rs. 10,000.00 to the defendant. This clearly shows that plaintiff had no money to lend to the defendant. This view is also supported by the evidence of P.W.2. His evidence is to the effect that he himself advanced a Than of Rs. 5000.00 to the plaintiff and that plaintiff had exaggerated his salary. That means, when plaintiff himself borrowed money from others, it implies that he had no money to lend to the defendant. More over, why he borrowed Rs. 5,000.00 from Puttaswamy and lend Rs. 10,000.00 to the defendant, is quite ununderstandable. Taking into consideration all these factors, the Trial Court held that plaintiff failed to establish his case. Therefore, the dismissal of the suit was perfectly justified and there is no scope for interference.

(3.) In the result, the Revision Petition is dismissed. . <span class='hidden-print'> ( <a href='Judgement.aspx?q=Indian Civil Cases]2003]2]&p=1&pos=95&qType=4'>Previous</a> <a href='Results.aspx?q=Indian Civil Cases]2003]2]&p=1&rsv=C&qType=4'>Hitlist</a> <a href='Judgement.aspx?q=Indian Civil Cases]2003]2]&p=1&pos=97&qType=4'>Next</a> ) </span>