KANHAIYALAL GUPTA Vs. SURENDRA SINGH

JUDGEMENT

(1.) This is defendant's appeal against a decree for Rs. 26.505.80 with interest at the rate of 6 per cent per annum from the date of suit, or in default of payment within 4 months from the date of decree, a decree for possession of his Bus No. C.P.Q. 2702.

(2.) It was alleged that on 2.2.1983, the appellant borrowed a sum of Rs. 14,880/- from the plaintiff and agreed to repay the amount with interest at the rate of 2 per cent per month on or before 2.2.1984. The transaction was witnessed by a document dated 2.2.1983 (Ex. P-1). It was also alleged that on appellant's failure to repay the amount as. aforesaid, the respondent was entitled to obtain ownership and possession of the appellant's Bus No. C.P.Q. 2702. As the amount was not paid inspite of notice of demand, the suit for principal smut of Rs. 14,880/- with interest of Rs. 11,565.80 and notice expenses of Rs. 60.00, total Rs. 26,505.80 was filed. The suit was resisted by contending that the respondent had obtained two blank stamp papers duly signed by the appellant to ensure payment of the balance price of a Bus purchased by him from the respondent. The suit was decreed as aforesaid. Hence the defendant has preferred this first appeal.

(3.) Heard the learned counsel for the parties. Ex. P-1 bears the signature of the appellant and, therefore, the burden was on him to prove that it was without consideration. He failed to discharge this burden. Simply because the loan was in odd figures, no adverse inference against the respondent could be drawn. In paragraph 15 of his written statement, it was pleaded by the appellant that he had purchased goods worth Rs. 1,488/- from the plaintiff on credit, which he did not pay for his own reasons. May be that the consideration for the document Ex. P-1 was not in cash, but in the form of some credit purchase, or balance representing past transactions between the parties. The fact remains that the document was not without consideration and, therefore, the appellant was bound to pay the amount lawfully recoverable from him under the said document.