TILAK RAJ Vs. RAMAN KHANNA

JUDGEMENT

(1.) This matter is on Regular Board of this Court since 3rd January, 2011. Today, it is an effective item No. 6 on the Regular Board. It is 2.45 pm. No one appears for the Appellant. I have therefore perused the record and am proceeding to dispose of the appeal.

(2.) The challenge by means of these two appeals is to the two impugned judgments and decrees, both dated 13.9.2000, whereby the suits of the Appellants/Plaintiffs for recovery were dismissed. Both the impugned judgments are almost identical and the facts are also nearly identical. For the sake of convenience, the appeals are therefore disposed by this common judgment. Reference is made for convenience to facts of RFA No. 28/2001.

(3.) The Appellant/Plaintiff filed the suit of recovery of Rs. 36,530/- against the Respondent on the ground that he gave a loan of Rs. 26,000/- to the Defendant carrying interest at 18% per annum, which the Respondent/Defendant failed to repay, resulting in the filing of the suit. The Respondent/Defendant contested the suit and stated that the money which was received by the Defendant was received not from the Appellant but from his son Inder Mohan Puri. It was stated that the bank draft of Rs. 26,000/- was received by the Respondent on account of sale of a plot belonging to Smt. Shashi Bala Khanna, wife of the Defendant and which plot was situated at Jagdamba Colony, Shahdara.