FATEH SINGH Vs. LEELA SAGWAL

JUDGEMENT

(1.) C. M. No. 14976-C of 2011 : Allowed as prayed for. C. M. No. 14977-C of 2011 : Allowed as prayed for. C. M. No. 14978-C of 2011 : For reasons mentioned in the application, which is accompanied by affidavit, delay of 14 days in filing the appeal is condoned. Main Appeal : Defendant no.1 Fateh Singh has filed the instant second appeal after being successful in the trial court, but having been unsuccessful in the lower appellate court. Respondent no.1-plaintiff Leela Sagwal filed suit against defendant no.1-appellant Fateh Singh and his wife Bala Devi defendant no.2/proforma respondent no.2 for recovery of Rs.2,02,150/-.

(2.) CASE of the plaintiff is that she is Proprietor of M/s Sagwal Trading Company, Commission Agent, Kurukshetra. Defendant no.1 used to sell his agricultural produce at the shop of the plaintiff and also used to receive advance amount from the plaintiff from time to time. Defendant no.1 had also agreed to pay interest @ 18% per annum on the advance amounts. At the closing of financial year 2002-03, amount of Rs.6,806/- was outstanding against defendant no.1. Thereafter, defendant no.1 borrowed various amounts from the plaintiff from time to time as detailed in the plaint. Lastly, defendant no.1 borrowed Rs.18,114/- from the plaintiff on 16.07.2005, making the outstanding principal amount against defendant no.1 as Rs.1,82,941/-. Defendant no.1 affixed his thumb impressions on various bahi entries of the plaintiff regarding receipt of amounts. However, after 18.10.2004, defendant no.1 did not sell his agricultural produce at the shop of the plaintiff nor paid the outstanding amount. On the other hand, defendant no.1 transferred his agricultural land in favour of his wife defendant no.2 vide conveyance deed dated 17.12.2004. The said conveyance deed has also been challenged in the suit having been made to stall the recovery of the suit amount by the plaintiff from defendant no.1.

(3.) LEARNED Additional Civil Judge (Senior Division), Kurukshetra, vide judgment and decree dated 03.11.2009, dismissed the plaintiff's suit. However, first appeal preferred by the plaintiff has been allowed by learned District Judge, Kurukshetra, vide judgment and decree dated 12.08.2011 thereby decreeing the the plaintiff's suit for recovery of Rs.1,82,941/- as principal amount and Rs.9,600/- as interest (@ 9% per annum) i.e. for total amount of Rs.1,92,541/- with interest @ 6% per annum from the date of filing of suit till recovery. Release deed dated 17.12.2004 executed by defendant no.1 in favour of his wife defendant no.2 was not set aside, but decretal amount has been held to be first charge on the disputed land. Feeling aggrieved, defendant no.1 has filed the instant second appeal. I have heard learned counsel for the appellant and perused the case file.