HADIBANDHU MOHAPATRA Vs. BHAGABAN BARIK

JUDGEMENT

(1.) The second appeal is by the plaintiff against a reversing decree,

(2.) The plaintiffs case was that the defendants are members of a Hindu joint family and defendant No. 1 as karta thereof took a loan of Rs. 1,000/- from him on 12-6-1968 agreeing to repay the same on demand together with interest at the rate of 12 p.c.p.a. and executed a document (Ext. 1) acknowledging receipt of the amount. On 8-4-1971, defendant No. 1 paid Rs. 10/- towards interest of the loan and has not paid the balance despite repeated demands,

(3.) The defendants denied the loan and contended that they are barbers of the village and the villagers had ill-feeling against them as they did not serve them properly. There was party faction in the village resulting in some litigation and ultimately the defendants agreed to serve the villagers and their thumb marks and signatures were taken on some blank papers by way of security, and the suit document has been manufactured on one of such blank papers for the purpose of this case.