RAM SINGH Vs. RAJIV KUMAR AND COMPANY

JUDGEMENT

(1.) DEFENDANT/appellant-Ram Singh is in second appeal before this Court.

(2.) RAJIV Kumar and Company through owner RAJIV Kumar/plaintiff filed a suit against the defendant for recovery of Rs.5,01,586/- i.e. Rs.3,79,990/- towards principal amount and Rs.1,21,596/- as interest. It was pleaded that the plaintiff firm was running a commission agency business and the defendant used to sell his agricultural produce to the plaintiff firm. It was also pleaded that the defendant used to borrow cash at different times as per his needs regarding which, entries were duly entered in the entry books/bahis. It was pleaded that upon settlement of the entire account, the defendant had acknowledged an amount of Rs.3,51,600/- due against him on 21.05.2005 and which entry was duly thumb marked by the defendant in the account books. Thereafter, various amounts were borrowed on different dates towards 04.06.2005 to 03.10.2005 regarding which, entries were also made in the account books, which were being maintained in the ordinary course of business. Plaintiff firm pleaded that after borrowing a total amount of Rs.3,79,990/-, the defendant stopped selling his agricultural produce to the firm and refused to return the amount, accordingly, the suit had been instituted for recovery of principal amount of Rs.3,79,990/- along with interest at the rate of 18% per annum as per the custom prevalent in the market.

(3.) UPON the pleadings of the parties, the following issues were struck by the Trial Court: