BHAGWAN DEVI Vs. VIKAS JAIN

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 02.03.2006 which had endorsed the findings of the trial Judge dated 09.05.2005 whereby the suit filed by the plaintiff Vikas Jain seeking recovery of '1,03,500/- along with interest had been decreed in his favour.

(2.) THE case of the plaintiff as is evident from the plaint that he had advanced a loan of ' 60,000/- to the defendant. This was on 15.11.1999. Loan was repayable along with interest @ '2.5% per month. Loan was given in two parts; '25,000/- was disbursed by a cheque and balance sum of '35,000/- was given by cash. A receipt was duly executed by the defendant as also a mortgage deed with regard to property bearing No. 2/6164, Gali No. 3, East Rohtash Nagar, Shahdara, Delhi. THE defendant thereafter turned dishonest and inspite of legal notice, did not pay back the amount of the plaintiff. Suit was accordingly filed.

(3.) ORAL and documentary evidence was led which included the testimony of four witnesses on behalf of the plaintiff and one witness was examined on behalf of the defendant. On this oral and documentary evidence, the trial court on the preponderance of probabilities had held that the plaintiff is entitled to the decree of the suit amount.