BHAIRO SINGH Vs. GULAB

JUDGEMENT

(1.) THE applicant has preferred a civil suit against the respondent for recovery of a sum of Rs.6,000/- and interest on the basis of the receipt taken in ledger, which was dismissed by the learned Civil Judge, Class-II, Nasrullahganj, District Sehore vide judgment and decree dated 7.12.1998 in Civil Suit No.10-B/1998. The Civil Appeal No.1-B/1999 preferred by the applicant was dismissed vide judgment and decree dated 31.3.2003 passed by learned Additional District Judge, Nasrullahganj, District Sehore. Being aggrieved with the aforesaid judgment and decree the applicant has preferred the present revision.

(2.) THE suit filed by the applicant, in short, was that on 30.4.1995 and 7.8.1995, he gave a sum of Rs.5000/- and Rs.1000/- respectively on loan to the respondent and the respondent affixed his thumb impressions in his ledger. After demand on various occasions the respondent did not repay the sum and therefore, a demand notice was given on 6.4.1998 by a registered post which was received to the respondent on 13.4.1998. Instead of repaying the loan the respondent gave a false reply to the notice of the applicant and therefore, the applicant filed a civil suit for recovery of Rs.6000/- with interest and thus, a suit for recovery of a sum of Rs.10,290/- was lodged.

(3.) LEARNED Civil Judge, Class-II after framing the issues recorded the evidence of the parties and thereafter it was found that the applicant could not prove that a sum of Rs.6000/- was lent to the respondent and therefore, the suit was dismissed. The appeal filed by the applicant was also dismissed.