RATTAN CHAND Vs. YOUSAF JAHAN BEGUM

JUDGEMENT

(1.) The present regular second appeal has been filed against judgment and decree dated 14.10.1986 passed by the then learned District Judge, Sangrur, dismissing the appeal filed by present appellant-plaintiff against judgment and decree dated 14.2.1984 passed by the then learned Sub Judge, Ist Class, Malerkotla, vide which suit filed by present appellant-plaintiff was partly decreed for a sum of Rs.59,500/- alongwith cost and future interest @ 6% per annum from the date of decree till the realisation of the decretal amount.

(2.) I have heard learned counsel for the parties and have gone through the whole record carefully including both the judgments passed by learned Courts below.

(3.) Briefly stated, appellant-plaintiff filed this suit for recovery of Rs.98,500/- alongwith cost and interest on the plea that the said amount was advanced by appellant-plaintiff to respondent-defendant (deceased) Nawab Iftkhar Ali Khan on 17.7.1975 and he executed a pronote and receipt in his favour after receiving the said amount. Further plea is that he returned Rs.500/- out of the said amount and made an endorsement dated 15.7.1978 in his own hands. Hence, he filed a suit for recovery of Rs.98,000/- by way of principal amount and Rs.72,666.50 by way of interest, i.e., total recovery of Rs. 1,70,666.50.