MOHANLAL NATHULAL KHIRAYYAH Vs. HAJI SHAIK BASHIR

JUDGEMENT

(1.) This is plaintiff's second appeal.

(2.) The plaintiff had instituted a suit for recovery of Rs.20,000/-, which came to be decreed. The defendant preferred appeal which was allowed and the suit was dismissed. The parties hereinafter shall be referred to as plaintiff and defendant.

(3.) The facts giving rise to the appeal are as under - Plaintiff and defendant know each other since long. Defendant wanted to purchase agriculture land at village Selu (Bu.). He, therefore, was to pay some money to his vendor. The defendant had an apprehension that if he does not pay money to the vendor, the contract may come to an end. He, therefore, made a request to the plaintiff to lend him Rs.20,000/-. The plaintiff lent Rs.20,000/- to the defendant considering his plight. On 5/9/1991, the defendant executed a hand loan receipt (Usanwar chit) in favour of the plaintiff. The plaintiff demanded the said money back. The defendant failed to pay the same. It is alleged that no interest was agreed to be paid on the sum lent. On 5/3/1994, defendant met the plaintiff and assured that he should pay back the amount soon but he did not. Hence, the suit came to be filed.