JARNAIL SINGH Vs. SANJIV KUMAR

JUDGEMENT

(1.) Jamail Singh, Defendant having lost in both the courts below, has filed the instant second appeal.

(2.) Sanjiv Kumar - Plaintiff-Respondent filed suit against Defendant-Appellant for recovery of Rs. 3,01,000/- alleging that the Defendant on 26.03.2002 borrowed Rs. 1,75,000/- from the Plaintiff and executed pronote and receipt for the same and agreed to repay the same with interest thereon @ 2% per month, but the Defendant failed to pay the loan amount with interest. The Plaintiff accordingly claimed principal amount of Rs. 1,75,000/- and interest amount of Rs. 1,26,000/- till the filing of the suit. The Defendant simply denied the plaint allegations. The Defendant denied having borrowed any amount from the Plaintiff or having executed any pronote or receipt. The Defendant also raised some other objections and pleas.

(3.) Learned Civil Judge (Junior Division), Bathinda, vide judgment and decree dated 30.01.2009, decreed the Plaintiffs suit for recovery of Rs. 1,75,000/- along with interest thereon @ 9% per annum w.e.f. 26.03.2002 - the date of pronote and receipt till date of decree of the trial court and @ 6% per annum from the date of decree of the trial court till recovery. First appeal preferred by the Defendant has been dismissed by learned Additional District Judge, Bathinda, vide judgment and decree dated 31.07.2009. Feeling aggrieved, Defendant has preferred the instant second appeal.