ANJU Vs. DHANWATI

JUDGEMENT

(1.) C.M. Appl. No. 36636/2016 (for exemption)

(2.) The facts of the case are that respondent/plaintiff filed the subject suit for recovery of an amount of Rs.2,00,000/- which was pleaded by her to be given as loan to the appellant/defendant. With respect to grant of loan, the appellant/defendant executed an Undertaking dated 28.3.2007 which contained both her signatures as also her thumb impressions. This has been proved and exhibited as Ex.PW1/3 by the respondent/plaintiff. Respondent/plaintiff also pleaded that as a security for the loan the appellant/defendant deposited with the respondent/plaintiff title documents of the appellant's/defendant's property being House no. G-366, J.J. Colony, Shakurpur, Delhi and which was proved by means of paragraph 6 of the affidavit by way of evidence of the respondent/plaintiff. Since the loan was not repaid the subject suit came to be filed.

(3.) Appellant/Defendant contested the suit and denied taking any loan from the respondent/plaintiff. Appellant/defendant also denied her signatures and thumb impressions on the Undertaking dated 28.3.2007. Appellant/defendant pleaded that she gave the property papers to the respondent/plaintiff to verify the same with respect to registration because property papers in other case were only notarized and appellant/defendant therefore gave the property papers of the property being House no. G-366, J.J. Colony, Shakurpur, Delhi, to the appellant/defendant only for verification and not as security. Disputes are also pleaded to exist with respect to another property being the property in which the appellant/defendant is a tenant of respondent/plaintiff and which is property being House no. H-366, J.J. Colony, Shakurpur, Delhi.