RAJ BAHADUR SINGH Vs. MAHADEO PRASAD HALWAI

JUDGEMENT

(1.) This is a defendant's appeal arising out of a judgment and decree of the Additional District Judge, Gorakhpur, decreeing the suit for recovery of Rs. 8,600/- together with pendente lite and future interest.

(2.) The facts are these :

(3.) The suit was contested on the ground that he had not taken any loan of Rs. 5,000/- on February 12, 1969. The defendant alleged that there was a talk between the parties about the execution of a simple mortgage by the defendant in favour of the plaintiff for 1/3 share in plot No. 172 hut since the plaintiff insisted on getting the mortgage of the entire area of plot No. 172, the settlement could not be reached.