(1.) THIS appeal has impugned the judgment and decree dated 28.2.2009 which had endorsed the finding of the trial judge dated 30.9.2008 whereby the suit filed by the plaintiff O.P.Hisja seeking recovery of ' 2,90,000/- from the defendants had been decreed along with interest @ 10% per annum in his favour.
(2.) CASE of the plaintiff is that the defendant no.2 was a family friend. He was facing financial hardship. He requested the plaintiff for financial support. He borrowed a sum of '2,00,000/- from the plaintiff. The said amount was given through cheque bearing No.454757 drawn on Canara Bank, Kalkaji. It was deposited in the account of the defendant. It was agreed that the defendant would repay the amount in six months along with interest @ 15% per annum. Defendant did not adhere to this arrangement. In spite of requests the amount was not repaid. Suit was accordingly filed.
(3.) ORAL and documentary evidence was led which included the testimony of plaintiff and the defence of the sole defendant. Parties were cross-examined at length.