IBRAHIM ALI Vs. HAJI ABDUL LATIF

JUDGEMENT

(1.) This revision petition arises from the judgment and decree passed by the Assistant District Judge (2) Cachar in Money Appeal No. 5 of 1979 dismissing the appeal from the judgment and decree passed by the Munsiff Hailakandi in Money Suit No. 14 of 1977.

(2.) The plaintiff respondent instituted the suit for recovery of Rs. 2,750.00. The case of the plaintiff is that on 16.2.1974 the defendant- appellant borrowed Rs. 2,000.00 from the plaintiff by executing a handnote (Ext. 1) and promised to repay the same on demand. he defendant did not repay the money on demand and, therefore, the plaintiff instituted the suit for recovery of Rs. 2,000.00 and Rs. 750.00 as interest @ 121/2 per annum for three (3) years.

(3.) The defendant contested the suit. It is not necessary to set out the defendant's case in details in view of the question raised in the petition. It is enough to state that the defendant admitted the signature on the document )Ex. 1). The Trial Court decreed the suit in favour of the plaintiff. The decree was appealed to the Assistant District Judge (2) Cachar. The lower Appellate Court dismissed the appeal. The Courts below have held that defendant borrowed a sum of Rs. 2,000.00 by executing the document (Ext. 1).