MUKHTIYAR SINGH Vs. SATISH KUMAR

JUDGEMENT

(1.) THE compendium of the facts, which requires to be noticed for the limited purpose of deciding the sole controversy, involved in the instant regular second appeal and emanating from the record, is that Satish Kumar son of Dhanpat Ram Respondent -Plaintiff (for short "the Plaintiff") filed the suit against Mukhtiyar Singh son of Subh Ram Appellant -Defendant (for brevity "the Defendant") for a decree of recovery of Rs.1,54,200/ -(principal Rs.1,20,000/ -plus interest Rs.34,200/ -) alongwith interest, inter -alia pleading that the Defendant had borrowed a sum of Rs.1,20,000/ -for the purpose of household expenses and duly executed the pronote (Ex.P1) and receipt (Ex.P2) in this respect in his favour. He did not pay the amount despite repeated requests and registered legal notice dated 2.9.2006 (Ex.P3). It necessitated the Plaintiff to file the suit. On the basis of aforesaid allegations, the Plaintiff filed the suit seeking a decree for recovery against the Defendant in the manner indicated hereinbefore.

(2.) THE Defendant contested the suit and filed the written statement, taking certain preliminary objections of, maintainability of the suit, cause of action and locus standi of the Plaintiff. According to the Defendant that although he had borrowed an amount of Rs.1,20,000/ -from the Plaintiff and executed the pronote (Ex.P1) and receipt (Ex.P2), but he had repaid the indicated amount alongwith interest on 17.6.2005 in the presence of Neelam wife of Phool Singh and Roshan Lal Lambardar. The Plaintiff was stated to have assured him, to torn the pronote after going to his house. It will not be out of place to mention here that the Defendant has stoutly denied all other allegations contained in the plaint and prayed for dismissal of the suit.

(3.) THE Plaintiff, in order to substantiate his claim, appeared as his own witness as PW1 and has tendered into evidence his affidavit (Ex.PW1/A) and produced PW2 Jitender son of Mahabir Singh, attesting witness, who has also tendered his affidavit (Ex.PW2/A) and identified his signatures on pronote (Ex.P1) and receipt (Ex.P2), besides producing copies of legal notice (Ex.P3), registered letter (Ex.P4) and acknowledgment (Ex.P5).