KRISHAN SINGH Vs. INDERJIT SINGH

JUDGEMENT

(1.) Krishan Singh defendant has filed the instant second appeal having remained unsuccessful in both the courts below. Inderjit Singh respondent (since deceased and represented by his legal representatives) filed suit against the appellant alleging that the appellant-defendant borrowed Rs 60,000/- from the plaintiff on 29.9.2000 and executed pronote and receipt and agreed to repay the same with interest @ 5% per month but did not repay the loan amount or interest. The plaintiff claimed interest at the rate of 6% per annum only. Accordingly, the plaintiff claimed recovery of Rs 60,000/- as loan amount and Rs 1800/- as interest till the filing of the suit which was filed for recovery of total amount of Rs 61,800/-.

(2.) The defendant in the written statement while denying the plaintiff's version, interalia, pleaded that the defendant had been taking loan from the plaintiff and repaying the same for the last 20 years. Lastly defendant took loan of Rs 7500/- and repaid the same along with interest, in instalments.

(3.) Learned Additional Civil Judge (Senior Division), Kharar vide judgment and decree dated 25.2.2005 decreed the suit of the plaintiff for recovery of Rs 61,800/- along with interest thereon at the rate of 6% per annum from the date of filing of suit till recovery. First appeal preferred by the defendant stands dismissed by learned District Judge, Ropar vide judgment and decree dated 30.3.2007. Still aggrieved, the defendant has preferred the instant second appeal.