SUKLAL DEB BARMAN Vs. KALARAM MALAKAR

JUDGEMENT

(1.) THIS appeal is by the defendant and is directed against the judgment and decree passed by the Subordinate Judge, Cachar, in Money Suit No. 21 of 1965.

(2.) THE facts briefly are that the defendant borrowed from the plaintiff, on 31-7-63, Rs. 6,000/- by executing three hand-notes, each for Rs. 2000/- promising to repay the amounts on demand with interest at the rate of 5 per cent per month. According to the plaintiff the three hand-notes were executed by the defendant on the same date for the convenience of repaying the amounts. The plaintiff's further case is that the defendant borrowed another sum of Rs. 1,000/- from him on 17-5-64 without any document and promised to repay this sum also with interest. As the defendant has failed to pay the amount in spite of demands, the plaintiff has filed the present suit for Rs. 8,500/- inclusive of interest.

(3.) THE learned Subordinate Judge has framed a number of issues of which we are concerned with issues Nos. 5 and 6. They are: