AMARJIT SINGH Vs. KAPTAN SINGH

JUDGEMENT

(1.) DEFENDANT Amarjit Singh has filed the instant second appeal.

(2.) KAPTAN Singh respondent filed suit against the appellant for recovery of Rs 62, 524/- alleging that the defendant on 15.11.2002 borrowed Rs 40,600/- from the plaintiff and agreed to repay the same with interest @ 2% per month and executed pronote and receipt for the same but the defendant did not pay any amount in spite of service of notice. The plaintiff in the suit claimed interest @ 1.50% per month only. Accordingly, the plaintiff filed suit for recovery of Rs 40,600/- as principal amount and Rs 21,924/- as interest amount till filing of the suit i.e. for total amount of Rs 62,524/-.

(3.) LEARNED Civil Judge (Junior Division), Jagraon vide judgment and decree dated 1.10.2007 dismissed the plaintiff's suit. However, first appeal preferred by the plaintiff has been allowed by learned Additional District Judge, Ludhiana vide judgment and decree dated 14.11.2008 and thereby plaintiff's suit for recovery of Rs 62,524/- has been decreed with costs alongwith interest @ 6% per annum on the principal amount from the date of filing of the suit till recovery. Feeling aggrieved, the defendant has preferred the instant second appeal.