HARNATH Vs. SATGUR

JUDGEMENT

(1.) THIS is a Defendant's appeal arising out of the decision of the Additional Civil Judge, Basti, dated April 5, 1966.

(2.) ACCORDING to the case of the Plaintiff, there was loan advanced by him of a sum of Rs. 4,000/ - to the Defendant on February 25, 1958. The Defendant executed a promissory note the same day agreeing to repay the amount on demand with interest at the rate of 12% per annum. A sum of Rs. 1,400/ -was paid on February 23, 1961: there was also payment of Rs. 900/ - earlier on 15th November, 1958. Both these payments were endorsed under the signature of the Defendant at the back of the promissory note. The Plaintiff laid claim to a sum of Rs. 3,700/ - including interest in Original Suit No. 59 of 1964 instituted by him in the court of Munsif, Basti. In defence it was pleaded, inter alia, that the Defendant had paid in all Rs. 3,700/ - leaving a balance of Rs. 300/ - only. The trial court decreed the suit on 1st February, 1965, for a sum of Rs. 1,345/76 only. Against that part of the decree disallowing portion of the claim of the Plaintiff he preferred an appeal; cross -objection was filed for the Defendant. Both these were decided by the Additional Civil Judge on April 5, 1966. Cross -objection was dismissed. The appeal was allowed in part and as a result the suit was decreed for Rs. 3,556/ - only.

(3.) UPON the matter coming up earlier before a learned Single Judge on July 29, 1981, there was reference made to the lower appellate court for recording a finding on the following issues: