H. N. DHANANJAYA Vs. H. N. MALLESHAPPA

JUDGEMENT

(1.) The present first appeal is preferred by the defendant assailing the judgment and decree dtd. 1/8/2022 in OS No. 7572/2018 on the file of VII Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as ('trial Court'), whereby the trial Court decreed the suit of the plaintiff for recovery of money and directed the defendant to pay a sum of Rs.2,00,000.00 with interest at the rate of 6% p.a from the date of payment till its realisation.

(2.) The case of the plaintiff is that in the second week of October 2015, at the request of the defendant-his brother who pleaded financial difficulty, he advanced a hand loan of Rs.2,00,000.00. A sum of Rs.1,50,000.00 was transferred to the defendant's bank account on 15/10/2015 and further a sum of Rs.50,000.00 on 20/10/2015, both through net banking. The defendant assured repayment within one month but failed to do so prompting issuance of legal notice.

(3.) The defendant while admitting the relationship denied the loan transaction, contending that the suit was barred by limitation as it was filed after three years from the date of payment. He further contended that the alleged payments were towards different family arrangement and not a legally enforceable debt. He also contended that he was working in BEML Limited in Ranchi, Jharkhand State and was earning sufficient income from his profession and there was no financial difficulties.