JASWANT SINGH Vs. DILBAGH SINGH

JUDGEMENT

(1.) Present regular second appeal has been filed by the Defendant-Appellant. The Plaintiff-Respondent had instituted a suit for recovery of Rs. 13,760/-, relying upon a pronote and receipt dated 28th June, 1982. It was pleaded by the Plaintiff-Respondent that the Defendant-Appellant had borrowed a sum of Rs. 8,000/-from him on 28th June, 1982 and had executed a pronote and receipt in his favour. The rate of interest was fixed at 2 per cent per month. On appearance, the Defendant-Appellant filed written statement and took a preliminary objection that the pronote was not properly stamped, however, it was denied that Rs. 8,000/-were advanced to him. Execution of the pronote and receipt was also challenged. However, the Defendant-Appellant admitted that the Plaintiff-Respondent had obtained his signatures on various blank pronotes. An allegation was set up that in fact, the Defendant-Appellant had purchased a motorcycle bearing registration No. BHE 1472, make Rajdoot from the Plaintiff-Respondent for a consideration of Rs. 8,000/-and the documents regarding transfer of the motorcycle were not executed in his favour.

(2.) After completion of pleadings, the trial Court formulated following issues:

(3.) Whether the Plaintiff is entitled to the interest, if so at what rate OPP