GHARSI RAM Vs. PARMANAND

JUDGEMENT

(1.) Defendant Gharsi Ram who was successful in the trial court but has been unsuccessful in the lower appellate court has filed the instant revision petition under Article 227 of the Constitution of India.

(2.) Respondent-Plaintiff Parmanand filed suit against the Petitioner alleging that after settling accounts on 1.2.1999, an amount of 15,500/-remained due from the Defendant to the Plaintiff for which writing was thumb marked by the Defendant. The Defendant agreed to repay the same with interest @ 1.25% per month. However, the Defendant failed to pay any amount thereafter in spite of demands including written notice. Accordingly, the Plaintiff claimed 15,500/- as principal amount and 6500/- as interest for pre-suit period i.e. total amount of 22,000/-.

(3.) Defendant after referring to some earlier transactions admitted that amount of 15,500/- remained due from him to the Plaintiff as on 1.2.1999. The Defendant, however, pleaded that in the year 1999, he had taken one and half acres land for cultivation from one Leela Ram and had grown vegetables therein and the said crop of vegetables was sold to the Plaintiff who told that the loan of 15,500/- stood cleared and nothing remained due from the Defendant. However, when Defendant received notice from the Plaintiff in December, 2001, the Defendant learnt that the Plaintiff had cheated him. Defendant convened a Panchayat wherein Plaintiff admitted having sold vegetables of one and half acres land and the Plaintiff agreed that he would receive balance amount from the Defendant after deducting the price of the vegetables. However, the Plaintiff did not accept the decision of the Panchayat. Various other pleas were also raised.