NRUSINGHA MANGAL Vs. DAMODAR SAHU

JUDGEMENT

(1.) THIS revisional application arises out of a suit for recovery of Rs. 675/ - as principal and interest due on the basis of a hand -note.

(2.) THE Plaintiff's case was that late Nabin Mangal, the father of the Defendant incurred a loan of Rs. 500/ - from him on 21 -9 -1969 and executed the suit hand -note agreeing to repay the same with interest at the rate of 12 per cent per annum. He died subsequently leaving behind him the Defendant as his sole heir. The Defendant having been benefited by the loan, is bound to repay the same. Despite repeated demands, no payment was made towards the loan. Hence, the Plaintiff filed the suit on 18 -9 -1972 for recovery of Rs. 500/ - as principal and Rs. 175/ - as interest at the rate of 12 per cent per annum for the period from 21 -9 -1969 till 21 -8 -1972.

(3.) BOTH parties led oral and documentary evidence in support of their respective contentions and the learned Munsif, on a consideration of the same, held that the Plaintiff had failed to discharge the onus of proving execution of the hand -note and the passing of consideration thereunder. He also held, relying on the entries made in the death register and the Chaukidar's Hatchitha register, that Nabin Mangal died on 3 -5 -1969, that is, long before the execution of the suit hand -note. Accordingly, he dismissed the Plaintiff's suit with costs to the Defendant.