GURDIT SINGH Vs. VINOD KUMAR

JUDGEMENT

(1.) Defendant Gurdit Singh is in second appeal after remaining substantially unsuccessful in both the courts below.

(2.) Respondent-plaintiff Vinod Kumar filed suit against defendant-appellant Gurdit Singh for recovery of Rs. 2,00,000/ -. The plaintiff is a commission agent. The defendant used to sell his agricultural produce at the shop of the plaintiff. The defendant also used to borrow some amounts from the plaintiff as per requirement.

(3.) The plaintiffs case is that the defendant on 28.05.2002 borrowed cash amount of Rs. 1,00,000/ - from the plaintiff and signed entry in cash book of the plaintiff regarding the same. Various other amounts were also borrowed by the defendant from the plaintiff by signing bahi entries. Amounts paid by the defendant have been credited in his account. Details of amounts advanced and amounts adjusted have been given in the plaint. Ultimately, a sum of Rs. 1,29,829.50 paise remained outstanding from the defendant to the plaintiff during the year 2002-03. The same was carried forward in account books of subsequent years. The plaintiff claimed interest @ 2% per month as per custom and usage in the market for such loan. Accordingly, plaintiff sought recovery of Rs. 2,00,000/ -.