(1.) This is an appeal arising out of the impugned judgment/decree dated 23rd March, 2016 whereby the suit for recovery filed by the Respondent/Plaintiff (hereinafter, "Plaintiff") was decreed in the following terms:
(2.) The case of the Plaintiff is that a sum of Rs.2 Lakhs was given as a friendly loan to the Appellant/Defendant (hereinafter, "Defendant") on 21st September, 2010. The loan agreement (Ex.PW 1/1) was entered into by the parties which is captured in Hindi in the hand writing of the Plaintiff. Loan agreement has been captured in a page from a diary of 2007, though the document bears the date as 21st September, 2010. Loan agreement specifies that a sum of Rs.2 Lakhs has been given in cash to the Defendant and Rs.6,000/- per month is the interest payable on the same. It bears the signature of Mr. Ram Karan at point "A" and of Mr. Manoj at point "B", both of whom are the witnesses to the agreement. The signature of Mr. Om Prakash appears at point "C" in the agreement. The agreement which is a page from a diary, records payments of interest as under:
(3.) A total amount of Rs.54,000/- was paid as interest as per Ex.PW-1/1. The case of the Plaintiff is that the last payment of interest was made on 25th December, 2011 and subsequent to the said date, no further payments were made despite repeated demands. The principal amount as well as outstanding interest was demanded by legal notice dated 7th August, 2014, Ex.PW-1/4. The original speed post receipts showing dispatch of the said legal notice are exhibited as Ex.PW1/2 & 1/3 and registered A.D. card is exhibited as Ex.PW-1/5.