BHAG MAAL SAT PAL Vs. TEHAL SINGH

JUDGEMENT

(1.) The plaintiff-appellant is in second appeal before this Court.

(2.) The plaintiff-firm filed a suit against the defendant, Tehal Singh for the recovery of Rs.2,36,858/- i.e. Rs.1,20,000/- as principal and Rs.1,16,858/- as interest, on the basis of entries in the Bahi Khata, along with interest @ 18% per annum from the date of the execution of the entry till its realization.

(3.) The facts pleaded in the plaint were to the effect that the plaintiff-firm is a proprietorship concern working under the name and style of M/s Bhag Mal Sat Pal at new Grain Market, Muktsar and Shri Satpal Bansal is the sole proprietor of the said firm. The plaintiff-firm carries on the business of Commission Agent in the new Grain Market, Muktsar and its account books are maintained regularly and the balances are also tallied on a daily basis. It was pleaded that the defendant is an agriculturist and had good relations with the plaintiff-firm. It was pleaded that the defendant had approached the plaintiff-concern for a loan of Rs.1,20,000/- and had assured that he would repay the amount in the next crop season i.e. Sauni 1999 out of the sale proceeds of such crop. Accordingly, it was pleaded that the plaintiff-firm paid Rs.1,20,000/- on 25.8.1999 to the defendant and an entry to this effect was made in the Bahi of the plaintiff-firm at page 213 and towards the acknowledgment of the same, the defendant had put his thumb mark against such entry. The defendant had also agreed to pay interest @ 2% per mensum on such amount. Thereafter, the defendant never turned up at the shop of the plaintiff-firm and neither did he sell his crops to the plaintiff-firm. Hence, the suit.