BABBAN Vs. SHIV NATH

JUDGEMENT

(1.) This is a defendant's appeal directed against judgment and decree of Sri R.P. Pandeya, learned Ist Addl. District Judge, Gorakhpur who dismissed Civil Appeal No. 95 of 1973 with costs on 20-11-1974 and affirmed the judgment and decree of Sri S. N. Mishra, learned Civil Judge, Gorakhpur in Suit No. 234 of 1970. Learned Civil Judge had decreed the suit for recovery of Rs.6392/- against defendant 1 with costs. Future and pendente lite interest was allowed at the rate of Rs. 4% per annum.

(2.) Ram Autar, father of plaintiffs 1 to 3 and defendants 3 to 5 is alleged to have advanced a loan of Rs. 4700/- to appellant on the basis of a pronote and receipt executed by him on 3-9-1967. It carried interest at the rate of Re.1 % per month. Nothing was paid despite demands, hence the suit.

(3.) Defendant 1 denied execution of the pronote and receipt in question. He also denied that any consideration for the said pronote and receipt passed to him. The defence was that Deep Chand son of defendant 1 and Uma Nath, plaintiff, son of Ram Autar carried on some Thekedari business in Assam. There was some misunderstanding between the two with the result that Uma Nath began to bear ill-will against Deep Chand.