KUBER PRASAD Vs. SUKHARAJUA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 30.7.1996 in Civil Suit No. 44-B/1992 by Ilnd Additional District Judge, Sidhi, dismissing the suit of plaintiff/appellant for recovery of loan amount.

(2.) Undisputably the plaintiff No. 1 is the father of plaintiff No. 2. The suit for recovery of loan amount advanced to him was brought against Gulab Singh, who died during the pendency of the suit. The respondents herein were substituted as legal representatives of Gulab Singh, after his death.

(3.) The case of plaintiff/appellant was that the defendant Gulab Singh was his intimate friend. On the request of defendant Gulab Singh, the plaintiff on 26.10.1983 advansed him loan of Rs. 15,0007- as also 35 'Khandis' of paddy. It was agreed that the defendant Gulab Singh would pay interest @ Rs.2/- per month on the cash amount of Rs.15,000/-, and @ 20% per annum on the loan of paddy. Two promissory notes were executed by the defendant Gulab Singh in favour of plaintiffs. The defendant Gulab Singh executed one of the promissory notes for Rs. 10,000/- in favour of plaintiff No. 1, while the other promissory note was executed by him for Rs. 5,000/- and 35 'Khandis' of paddy in favour of plaintiff No.2. The defendant Gulab Singh did not repay the loan despite the request of plaintiffs. Therefore, the plaintiffs served him with a notice dated 9.4.1985. Since the defendant Gulab Singh failed to repay loan as above, the suit was filed for recovery thereof with interest.