SHEIKH MOHAMMED HAMID Vs. PARAS RAM DEV

JUDGEMENT

(1.) Appellant has preferred this Appeal against the impugned judgment and decree dated 29-01-2010 passed by Additional District Judge, Gariyaband, District Raipur in Civil Suit No.4-B/2009 whereby and whereunder he dismissed the appellant's suit.

(2.) This is admitted by respondent that he had taken loan of Rs. 1,23,000 from the appellant without interest in the year 2005. On 13-1-2006 he had given blank stamp paper to the appellant, in the back side of third page of the said stamp paper he endorsed that the amount which he had taken he will repay it by cutting Rabi crop. In the year 2005, he had given 140 quintal paddies, in the year 2006, 65 quintal and 12 kg. paddies, @ Rs.600/- per quintal total worth Rs. 1,23,000/- thus he paid him Rs.1,23,000/-. He had received the notice and did not reply it.

(3.) In brief, the appellant's case is that in different years and on different dates respondent had taken total loan Rs. 2,46,793/-. On 14-1-2006 he had executed an agreement. On 08-07-2007 he promised in writing to repay the balance amount Rs.1,23,721/- but he did not pay the same.