RAM KISHAN SHARMA Vs. LAYAK RAM SHARMA

JUDGEMENT

(1.) Challenging the order of the learned Additional District Judge dated 20/2/2006, appellant (plaintiff in the suit) has filed this appeal.

(2.) Succinctly, the case of the appellant is that he filed a suit for recovery of Rs.1,51,458.00 under the summary provision of Order 37 CPC alleging that on verbal request of the Respondent (defendant in the suit) he advanced a sum of Rs.75,000.00 vide cheque No.684717 on 10.08.1998 drawn on Syndicate Bank, Banda Bahadur Marg, Delhi @ 20% per annum for a period of five years in the presence of two witnesses. Thereafter, he sent letters dated 9/6/2003, 7/7/2003 and 16/8/2003 demanding back the money advanced to the defendant. As defendant failed to pay the amount due from him, he filed the suit.

(3.) On an application filed by the defendant, he was granted leave to defend the suit. Defence raised by the defendant was that plaintiff needed a sum of Rs.1,50,000/- for purchasing land in the year 1997. However, defendant paid Rs.1,45,000/- in all by giving Rs.65,000/- on 21.05.1997, Rs. 20,000/- on 10.10.1997 and Rs.60,000/- on 24.10.1997. Plaintiff returned back a sum of Rs.75,000/- by way of a cheque to the defendant leaving the balance amount of Rs.70,000/-. Out of this amount he paid Rs.50,000/- in cash in a Mandir at village Bhaipur, District Aligarh, U.P. in the presence of neighbours and relatives in full and final settlement of the balance amount. Defendant also took a plea that plaintiff had made false and fabricated cheque receipt of Rs.75,000/- with forged signatures of the defendant.