BANWARI LAL BEHL Vs. DEVINDER KUMAR SINGARI

JUDGEMENT

(1.) BY means of this suit the plaintiff seeks to recover a sum of Rs. 20,17,000/ - from the defendants. Defendant No. 1 is stated to be the sole proprietor of defendant No. 2. As per the plaintiff, defendant No. 1 is his cousin. He had approached the plaintiff on 26.2.2001 with a request to give him some loan as he was facing financial stress and had to meet various business commitments. The plaintiff agreed to give the loan and gave a sum of Rs. 7,00,000/ - vide cheque No. 211075 dated 26.2.2001 drawn on Punjab National Bank, Gandhi Nagar, Delhi -31. This cheque was duly encased by the defendant No. 1 and, thus, amount was received by them. The defendants also executed and delivered the following documents to the plaintiff: (a) Demand Promissory Note dated 26.2.2001 for Rs. 7,00.000/ -. (b) Receipt dated 26.2.2001 for Rs. 7,00,000/ -. (c) Post -dated Cheque No. 049577 dated 26.2.2002 for Rs. 7,00,000/ - drawn on Vijaya Bank, Bhikaji Cama Place, New Delhi -66 in favor of the plaintiff. (d) Mortgaged Deed dated 26.2.2001 by deposit of title deeds.

(2.) AS a security for repayment of the amount the defendants also deposited title deeds of immovable property, i.e. land measuring 1 Bigha 5 bids was in Khasra No. 40/10, situated at Abadi village Mundka, Delhi, creating equitable mortgage in favor of the plaintiff over the said property. The particulars of this property are as under: Date of Mortgage : 26.2.2001Name of Mortgagor : D.S. Trading Co. through prop.Davinder Kumar SingariName of Mortgagee : Banwari Lal BehlSum secured : Suit amountRate of interest : 2 1/2 per cent i.e. 30% p.a.Property mortgaged : Land measuring 1 Bigha 5 bids was out ofKhasra No. 40/10, situated at Abadi VillageMundka, Delhi State, Delhi.Amount due : Rs. 20,17,000.00

(3.) THE defendants were duly served with the summons and they appeared through Counsel. However, the plaintiff died during the proceedings. Application was filed for bringing his LRs on record. The plaintiff died leaving behind his widow, two sons and four daughters. However, the LRs agreed that name of one of the sons, namely, Sh. Dev Kumar Behl alone be substituted in place of the plaintiff. However, order dated 2.3.2005 was passed impleading all the seven LRs as the plaintiff.