PREM KUMAR Vs. NARAYANAN BHAKTHA PARIPALANA YOGAM

JUDGEMENT

(1.) This appeal is filed by the plaintiff in the suit O.S. No. 864 of 2013 on the file of the Sub Court, Thrissur challenging the judgment of that court dismissing the suit filed by him. The appellant is a member of the Sreenarayana Bhaktha Paripalana Yogam (hereinafter referred to as the 'Yogam'). He filed the suit claiming an amount of Rs. 1,25,000.00/- from the Yogam. The case of the appellant/plaintiff in the suit is that he gave the aforesaid amount to the Yogam as a loan and that the Secretary and the President of the Yogam executed Ext. A1 document agreeing to repay the amount with interest at the rate of 12% per annum. He filed the suit when the Yogam refused to repay the amount inspite of the demand made by him for return of the money.

(2.) There are two defendants in the suit. The first defendant is the Yogam represented by its President and the second defendant is also the Yogam represented by its Secretary. They filed written statement in the suit denying any financial transaction between the plaintiff and the Yogam and also denying execution of any document by them in favour of the plaintiff. They alleged that the former office - bearers of the Yogam had forged documents and falsified the accounts of the Yogam to help the plaintiff.

(3.) The lower court framed necessary issues in the suit. During the trial of the suit, PW 1 and PW 2 were examined and Exts. A1 and A2 documents were marked on the side of the plaintiff. DW1 was examined and Exts. B1 to B30 documents were marked on the side of the defendants. After appreciating the evidence adduced by the parties, the lower court found that the plaintiff failed to prove his plea that he had advanced loan to the Yogam and therefore, dismissed the suit. Aggrieved by the dismissal of the suit, the plaintiff has preferred this appeal.