JAGGA SINGH Vs. SHAM SINGH

JUDGEMENT

(1.) Plaintiff Jagga Singh, having failed in both the courts below, has filed the instant second appeal.

(2.) Plaintiff-appellant filed suit against respondent-defendant Sham Singh alleging that defendant borrowed Rs.1,00,000/- from the plaintiff on 12.01.2004 and agreed to repay the same with interest @ 2% per month and also executed pronote and receipt for the same, but the defendant failed to repay the loan amount and interest thereon. Accordingly, the plaintiff claimed Rs.1,00,000/- as principal loan amount and Rs.56,666/- as interest till filing of the suit and accordingly, filed suit for recovery of Rs.1,56,666/-.

(3.) The defendant, in his written statement, pleaded that he had in fact borrowed Rs.79,000/- from the plaintiff on 12.01.2004, but the plaintiff recorded amount of Rs.1,00,000/- in the pronote. The pronote and receipt have been fabricated by making addition or alteration by writing the names of witnesses later on. The defendant had been paying interest on the loan amount every month to the plaintiff. The defendant repaid the loan amount of Rs.79,000/- vide receipt dated 09.05.2005 executed by plaintiff in his own handwriting and thus, no amount remained due from the defendant to the plaintiff. Various other pleas were also raised.