RADHEYSHYAM MISHRA Vs. PREMNARAYAN SHARMA

JUDGEMENT

(1.) This appeal has been preferred by the defendant/appellant against a money decree granted against him by the Trial Court for a sum of Rs. 1,55,000/- with interest from the date of suit @ 9% p.a.

(2.) Plaintiff instituted a suit against defendant with allegations that the defendant acknowledged on 10.07.1993 to have received Rs. 1,55,000/- from the plaintiff vide written agreement. Money was repayable in monthly installments of Rs. 1,000/- with an agreement that on receipt of payment from the GPF, he would refund the entire money. Defendant is an employee of police department. He did not make payment of installment, but assured that he would return the entire money on receipt of money from the head of GPF. Plaintiff made a complaint on 14.09.1993 to the Deputy Inspector General of Police in writing. Plaintiff was asked to institute civil suit, hence the same for recovery of Rs. 1,55,000/- towards principal amount plus Rs. 45,390/- towards interest, after issuing notice dated 18.08.1994 by registered A/D.

(3.) Defendant/appellant submitted his written statement denying inter-alia the claim of the plaintiff. He denied to have borrowed any amount from the plaintiff. Execution of the alleged agreement dated 10.07.1993 was also denied. Instead, it has been pleaded that the plaintiff forcibly obtained the signature of defendant on plain stamp paper on 10.07.1993, which was reported to Police Station Janakganj. Since, defendant did not owe any amount to the plaintiff, there was no question of making promise to repay the same, after receipt of amount from GPF.