JAGDISH ALIAS JAGAN Vs. JORA SINGH

JUDGEMENT

(1.) Defendant Jagdish alias Jagan has filed the instant second appeal having remained unsuccessful in both the courts below.

(2.) Respondent-plaintiff Jora Singh filed suit against appellant-defendant for recovery of Rs. 60,000/- alleging that the defendant, on 19.07.2002, borrowed Rs. 35,000/- from the plaintiff and agreed to repay the same with interest @ 2% per month and executed pronote and receipt for the same. Defendant, however, failed to repay the amount in spite of request and notice. Accordingly, the plaintiff filed suit for recovery of Rs.60,000/- i.e. Rs. 35,000/- as principal amount and Rs. 25,000/- as interest @ 2% per month since the date of loan till the filing of the suit.

(3.) The defendant denied the plaint allegations. The defendant denied having taken any loan or having executed pronote or receipt. The defendant alleged that the plaintiff and the defendant had jointly purchased a tractor and later on, the defendant paid the total amount of the tractor to the plaintiff by settlement and the matter was resolved. The plaintiff might have fabricated thumb impressions of the defendant on blank papers. Various other pleas were also raised.