BHURI BAI SONI Vs. BANSHI LAL SONI

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 12.08.2004 passed by Third Additional District Judge, Raipur (C.G.) in Civil Suit No. 15- A/2004, wherein the said court decreed the suit filed by the original respondent No. 1 namely Banshi Lal Soni for recovery of amount to the tune of Rs. 3,29,600/- and interest thereon.

(2.) As per the appellants, the original respondent No. 1 filed a suit against the appellants on the ground that on 16.05.1994, the appellants/ defendants executed a registered mortgage deed of their house in his favour and received a loan from him to the tune of Rs. 1,95,000/-. The details of mortgaged property is described in Schedule- A & B annexed with the plaint. The loan amount was to be repaid in three 6 monthly installments of Rs. 65,000/- each with interest thereon @ 2% per month and in default an additional penal rent was liable to be charged at 1.50% per month. The appellants had paid Rs. 7,800/- on 11.11.1994 and Rs. 7,800/- on 16.12.1994. Thereafter, no amount has been paid towards interest or principal amount. The suit for recovery of principal amount and interest to the tune of Rs. 3,29,600/- was filed. The appellants denied all the averments and the trial court passed decree against the facts and legal aspects of the matter.

(3.) Learned counsel for the appellants submits as under:-