SHUBEG SINGH Vs. SURJIT SINGH

JUDGEMENT

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

(2.) Briefly stated, the plaintiff-respondent filed a suit for recovery in terms of pleading that the defendant had borrowed a sum of Rs.1,25,000/- on 27.10.2001 and had duly executed a pronote and receipt in the presence of marginal witnesses. It is pleaded that the defendant had agreed to repay the aforesaid amount along with interest @ 2% per month. The defendant had failed to repay the borrowed amount and as such, a sum of Rs.1,60,000/- i.e. Rs.1,25,000/- as principal amount and Rs.35,000/- as interest @ 2% per month w.e.f. 27.10.2001 to 5.1.2003 is due against him. The plaintiff approached the defendant on a number of occasions but upon refusal, the plaintiff had instituted the suit for recovery of an amount of Rs.1,60,000/-.

(3.) The defendant filed a written statement taking a plea that he had been selling his agricultural produce to a firm, namely, M/s Darshan Singh Prem Singh Commission Agents, Ferozepur City and it was Darshan Singh who was to pay some money to the defendant on account of sale of agricultural produce. The defendant claimed that he had been demanding such money from Darshan Singh who, in turn, to avoid his liability had connived with Surjit Singh plaintiff and had forged and fabricated the alleged pronote and receipt. The defendant denied that he had taken any loan from the plaintiff and further denied the execution of the pronote and receipt.