GAURAV SHARMA Vs. MOORTI DEVI

JUDGEMENT

(1.) The defendants are in appeal against the judgments and decrees dated 26.2.2007 and 13.9.2007 passed respectively by the Additional Civil Judge (Senior Division), Bathinda (hereinafter referred to as `the trial Court') and the District Judge, Bathinda (described hereinafter as `the first appellate Court') whereby the suit of the plaintiff-respondent was decreed and the appeal of the appellants was partly allowed. A suit for recovery of Rs.34,500/- was instituted by the respondent on the basis of a pronote and receipt dated 10.11.1998 alleged to have been executed by Harvinder Kaur wife of appellant no.1 by which she had taken a sum of Rs.25,000/- as loan from her, i.e., the respondent. The appellants are the legal heirs of Harvinder Kaur, who had also agreed to repay the amount of loan along with interest at the rate of 2% per month on demand. However, she died on 22.5.1999 before repayment of the loan amount leaving behind the appellants as her legal and natural heirs. During the life time of Harvinder Kaur, the respondent is stated to have approached her for repayment of the loan amount,but all in vain. After the death of Harvinder Kaur, the appellants were also approached by the respondent for return of the loan amount along with interest, but they refused to do so compelling her to institute the suit.

(2.) The appellants appeared and contested the suit. They, however, did not deny their relationship with Harvinder Kaur, but disputed the execution of the pronote and receipt by her and pleaded fraud and forgery. It was denied that they had succeeded to the estate of Harvinder Kaur which fact has been specifically pleaded by the respondent while invoking jurisdiction of the Civil Court.

(3.) The parties went to trial on the following issues:-