NARAYAN VENKATESH PANDIT Vs. SYED NURODDIN KHADRI

JUDGEMENT

(1.) THIS revision under Section 18 of the Karnataka small cause courts act arises from the judgment and decree dated 25-3-1994 passed by the civil judge, haveri dismissing the plaintiffs suit with costs, taking a view that there is no evidence, oral or documentary to the effect that the defendant had taken any loan or sum of Rs. 10,000/- from the plaintiff and made a promise to pay back Rs. 10,000/- and the plaintiff has failed to prove that he has paid Rs. 10,000/- as returnable by defendant to the plaintiff. It further held that a suit is based on no document, hence it is not tenable to resolve and the suit is dismissed.

(2.) FACTS of the case in brief are that plaintiff filed a suit for recovery of a sum of Rs. 10,000/- along with interest thereon i. e. , for a total sum of Rs. 11,3507- the plaintiffs case has been that the defendant has been very familiar and friendly with the plaintiff for a good long period. The defendant had one time being in financial difficulties approached the plaintiff and requested him to give hand loan. Plaintiff on account of friendly and familiar relations or it may be put on the account of friendlineas gave a sum of Rs. 10,000/- to the defendant and the defendant promised to repay the same whenever demanded in due course of time.

(3.) THE plaintiffs case is that one month passed and the defendant had not repaid the amount. Plaintiff sent his man on January 31, 1990 to the defendant with a letter asking the defendant to repay the amount that was given to him. But the defendant sent back the person without money but with a letter putting some excuses for not making the payment. Thereafter the plaintiff from time to time sent his man with a letter to defendant, but the defendant sent reply expressing his disability on account of financial hardship and putting lame excuses and failed to pay that amount. Finally the plaintiff got issued a legal notice on 6-12-1990 by registered post acknowledgment due asking the defendant to pay back the sum of Rs. 10,000/- with interest. That notice was served on 12-12-1990, but the defendant neither paid the amount nor did he care to reply. Therefore, the plaintiff had to file a suit for hand loan of Rs. 10,000/- with interest at rate of 12% as damages of breach of contract on 19-1-1991 in munsiff courts.