SITARAM PODDAR Vs. SRI BHAGIRATH CHOUDHARY

JUDGEMENT

(1.) This is an appeal against judgment and decree dated September 4, 2006 passed by the learned Civil Judge (Senior Division), Second Court at Alipore, District South-24 Parganas in Money Suit No. 16 of 2004. The learned Judge by the impugned judgment and decree dismissed the said suit ex parte.

(2.) The Plaintiff instituted this suit for recovery of Rs. 2, 37,690/- (Rupees two lakh thirty-seven thousand six hundred ninety) only and for recovery of pendente lite interest and interest on Judgment.

(3.) The Plaintiff in his plaint contended that the Defendants were the next door neighbour of the mother of the Plaintiff and as such they were known to the Plaintiffs. The Defendants approached the Plaintiff for loan for the marriage of the youngest daughter of the Defendant No. l. The Defendant Nos. 2 and 3 were the sons of the Defendant No. l. The Plaintiff, at the instance of his mother, lent Rs. 98,000/- (Rupees ninety-eight thousand) only to the Defendants on or about September 17, 2002 at the residence-cum-office of the Plaintiff at 64, Sarat Bose Road, Kolkata. The Defendant No. l undertook to transfer some bastu land in front of the dwelling house of the Plaintiff in his native village or to transfer two bighas of agricultural land in favour of the mother of the Plaintiff towards the repayment of the loan. The Defendants agreed to pay interest at the rate of 18 (eighteen) per centum annually in case of their failure to transfer the land in favour of the mother of the Plaintiff. The Defendants took two years time to keep their commitment. The Plaintiff and his mother, on several occasions, asked the Defendants either to repay the money with interest or to transfer the land as agreed, but the Defendants did not pay any heed to their requests. Lastly, the mother of the Plaintiff went to the house of the Defendants asking for repayment, but she was insulted and threatened with dire consequences.