RAMANLAL PUNJALAL SHAH Vs. PARI BHULABHAI HARIBHAI

JUDGEMENT

(1.) This appeal has been filed by the original defendant of Civil Suit No. 1428 of 1973 which was decided by learned Judge, City Civil Court, Ahmedabad on 28-4-1978 whereby the suit filed by the respondent to recover an amount of Rs. 5,000.00 with interest at the rate of 6% per annum from 9-4-1973 till full and final payment of the amount and costs is decreed.

(2.) The case of the respondent-original plaintiff is that the respondentoriginal plaintiff is doing banking business at Ahmedabad and the appellantoriginal defendant is a resident of village Dharisana in Dehgam Taluka, has borrowed an amount of Rs. 5,000.00 on 12/03/1970 for the purpose of business and for that purpose, he had given a bearer cheque dated 10/04/1970 which was not sent for payment to the bank at the request of the appellant. However, in spite of repeated demands, as the appellant failed to pay the amount, present suit has been filed.

(3.) In the written statement Exh. 11, the appellant raised a number of pleas including the plea of limitation, jurisdiction, has inter alia contended that it is true that he had given the cheque for Rs. 5,000.00 dated 10-4- 1970. However, according to the appellant, the same was given at the time of taking the loan and not subsequently. According to the appellant, in fact, Rs. 4,550/- had been paid to him on 12-3-1970 and not Rs. 5,000.00. The appellant has further stated that he has paid up the said amount by delivering wheats worth Rs. 2,000.00 and millet grass bundles worth Rs. 2,700.00 to the father of the respondent who was the Chairman of Ajod Dairy, Ahmedabad.