SIMARPAL SINGH Vs. HAKAM SINGH

JUDGEMENT

(1.) The Appellant/Defendant - Simarpal Singh has preferred this second appeal against the judgment and decree dated 4.6.2010 passed by Additional District Judge, Barnala, vide which the appeal preferred by him against the judgment and decree dated 1.12.2009 passed by Additional Civil Judge (Sr. Division), Barnala, decreeing the suit of Respondent/Plaintiff - Hakam Singh, for the recovery of 1,20,000/-, along with interest @9% per annum till the filing of the suit and future interest @6% per annum, was dismissed.

(2.) The Plaintiff filed suit for the recovery of the aforesaid mentioned amount on the ground that the said amount was obtained by Defendant as loan by executing pronote and receipt on 16.4.2004 and agreed to repay the same along with interest @1 1/2% per month and that he failed to repay the borrowed amount despite the tendering of the pronote itself. The suit was contested by the Defendant. In the written statement he admitted the advancement of this loan to him by the Plaintiff, but took up the plea that he repaid the amount to the Plaintiff on 2.12.2004 in the presence of the witnesses. Both the sides produced evidence in respect of their respective contentions.

(3.) After going through that evidence and hearing learned Counsel on their behalf, the learned trial Court decreed the suit of the Plaintiff.