MANILAL Vs. JOHNSON

JUDGEMENT

(1.) The judgment of the Court was delivered by Bhavadasan, J.--The Plaintiff extended a loan for a sum of Rs. 1,20,000 to the Defendant. The Defendant was running a ration shop. According to the Plaintiff, the loan had to be repaid with 18% interest The amount was given by way of a cheque on 3-6-1991 and it was encashed by the Defendant Towards the end of 1992, the Plaintiff fell into financial stringencies and demanded the amount back from the Defendant. Notice issued to the Defendant invoked a reply, containing false statements. Since the Defendant had not repaid the amount, the suit was laid.

(2.) The suit was resisted by the Defendant who admitted receipt of the loan amount. According to him, he had repaid the entire principal amount by 19-3-1992. The repayment was in part payments and since the relationship between the Plaintiff and Defendant was so cordial, the Defendant had not insisted for vouchers or receipts from the Plaintiff towards the repayments so made. The statements in the reply notice are true. On the basis of these contentions, he prayed for a dismissal of the suit.

(3.) On the above pleadings, necessary issues were framed by the court below. The evidence consists of the testimony of P. W. 1 and documents marked as Exts. A-1 and A-2 from the side of the Plaintiff. The Defendants examined D. Ws. 1 and 2 and had Exts. B-1 to B-3 marked (the appendix shows only Exts. B-1 and B-2, but a perusal of the records shows that Ext. B-3 has also been marked).