INDERJIT SINGH Vs. HARKISHAN SINGH

JUDGEMENT

(1.) Inderjit Singh-defendant having failed in Both the courts below has filed the instant second appeal. '

(2.) Respondent-plaintiff Harkishan Singh filed suit against defendant-appellant for recovery of Rs. 4,88,000/- alleging that on 05.12.2000, defendant borrowed Rs. 4,00,000/-from the plaintiff and executed pronote and receipt for the same and agreed to repay the same with interest @ 2% per month. However, the plaintiff has claimed interest @ 1%* per month only. Accordingly, the plaintiff sought recovery of Rs. 4,00,000/- as principal amount and Rs. 88,000/- as interest till filing of the suit.

(3.) Defendant inter alia pleaded that pronote and receipt in question were executed under coercion, fraud and undue influence and the same are without consideration. Pronote and receipt have also been altered materially. It was denied that defendant borrowed Rs. 4,00,000/- from the plaintiff. It was alleged that no consideration was paid to the defendant on 05.12.2000. Pronote and receipt in question were executed to create white money to depict the same to the Embassy of England, because Harjit Singh a relative of the defendant wanted to send his son and daughter abroad. Two other pronote and receipts were also executed by defendant in favour of two other persons. Various other pleas were also raised.