ROOP SINGH Vs. ANGREJ SINGH

JUDGEMENT

(1.) Defendants Roop Singh and Chhinder Singh having lost in both the courts below have filed this second appeal. Respondent-plaintiff Angrej Singh filed suit against defendants/appellants for recovery of Rs. 1,76,800/- alleging that the defendants on 11.9.2003 borrowed Rs. 1,30,000/- from the plaintiff and agreed to repay the same with interest @ 2% per month and executed pronote and receipt for the same. Reference was also made to another loan of Rs. 1,35,000/- taken by defendant No. 2 on 1.9.2003 by executing pronote and receipt and also to agreement to sell dated 15.10.2004 executed by defendant No. 2 for sale of 4 marlas land with construction and Saw Mill machinery in running condition. The plaintiff qua the present loan of Rs. 1,30,000/- claimed interest @ 1% per month only. The defendants failed to pay the loan and interest amount. The plaintiff sought recovery of Rs. 1,30.000/- as principal amount and Rs. 46,800/- as interest i.e. total amount of Rs. 1,76,800/-.

(2.) Defendants broadly controverted the plaint averments. They denied having taken loan of Rs. 1,30,000/- from the plaintiff, It was pleaded that plaintiff is near relative of defendant No. 2. Plaintiff became partner in business of defendant No. 2 who was running Saw Mill. The plaintiff is Head Constable in Punjab Police. The plaintiff used to obtain pronote and receipt from defendant No. 2 and also obtained signatures of defendant No. 2 on stamp paper as security for plaintiffs share in the business of purchase and sale of wood etc. The plaintiff has also filed two other suits regarding alleged loan of Rs. 1,35,000/- and regarding alleged agreement to sell against defendant No. 2. The said suits were also alleged to be based on false and fabricated documents and so also the present suit. It was also pleaded that plaintiff had already extracted huge amount from defendant No. 2 in cash and kind.

(3.) Learned Civil Judge (Junior Division), Faridkot vide judgment and decree dated 22.12.2009 decreed the plaintiffs suit for recovery of Rs. 1,76,800/- with pendente lite interest @ 12% per annum from the date of filing of suit till the date of decree and future interest @ 6% per annum from the date of decree till recovery. First appeal preferred by defendants has been dismissed by learned Additional District Judge, Faridkot vide judgment and decree dated 9.12.2011. Feeling still aggrieved, defendants have filed this second appeal.