RAJINDER VALECHA & ANR. Vs. SATPAL & ANR

JUDGEMENT

(1.) Challenge in this appeal is the impugned judgment and decree dated 16.05.2016 passed by the Court of learned Additional District Judge (North-East)-01, Karkardooma Courts, Delhi (in short 'learned ADJ') by which the civil suit No.114/2016 of the appellants/plaintiffs was dismissed against both the respondents/defendants.

(2.) The brief facts for disposal of this appeal are that the appellants, who are husband and wife filed a civil suit for recovery of Rs.33,35,000/- against the respondents, who are also husband and wife. It is alleged by the appellants in their plaint that on the request of the respondents they had advanced them a friendly loan of more than Rs.20,00,000/- on interest @ 24% p.a. The loan was disbursed by the appellants to the respondents from time to time. The appellants have not disclosed any date of disbursement of the amount of loan to the respondents. It is also alleged that the respondents were making the part payment of the loan amount to the appellants from time to time and at one point of time the outstanding amount was Rs.22,50,000/- and lastly the principal sum of Rs.15,00,000/- was outstanding against the respondents.

(3.) It is further alleged by the appellants that on 06.02.2009, 06.04.2010 and 13.12.2015, the respondents had paid them cash amount of Rs.45,000/-, Rs.1 lacs and Rs.3 lacs respectively. It is further alleged that the respondents have also handed over them a cheque of Rs.3 lacs dated 25.12.2015 from the account of respondent No.2 which was encashed by them. The appellants further alleged that total sum of Rs.33,35,000/- which includes the principal sum of Rs.15,00,000/- and interest Rs.18,35,000/-, is outstanding against the respondents.