HIRABAI PRABHAKAR KAMAT Vs. VALLABHDAS VISHNUDAS SINAI KUNKOLIENKAR

JUDGEMENT

(1.) THE unsuccessful plaintiff in a suit for recovery of money has preferred this appeal against the order of dismissal of suit passed by Additional Civil Judge, Senior Division Margao.

(2.) I heard the learned Counsel for both the parties. Perused the record.

(3.) THE facts giving rise to the dispute in brief are thus; The plaintiff is a lady whose family comes from Rivona Village and she resides in ancestral house. Defendant's family is from Deulomla, Shirvoi, Quepem. The families knew each other quite well. In February, 1996, the defendant is said to have requested the plaintiff to give him an amount of Rs. 1,12,557/- as he has to make some payment to the Bank and defendant pleaded for the said loan amount urgently. He agreed to pay interest at the rate of 12% p. a. Plaintiff issued cheque dated 22/02/1996 for Rs. 1,12,557/- bearing no. 135012 drawn on Goa Urban Cooperative Bank Ltd. in favour of the defendant through the plaintiff's saving bank account no. 5419. The said cheque was collected by the defendant from Margao when the plaintiff was residing with her son at Comba. The defendant presented the cheque for repayment of his loan taken by him being term loan account no. 431 with Punjab National Bank, Panjim. Till 1996, plaintiff was residing at Comba, Margao at her son Mahesh's house. In March 1996, some differences arose and she shifted back to ancestors house. She called upon the defendant to make repayment but there was no response. Hence, legal notice came to be filed and finally suit came to be filed for recovery of amount.