INDER RAJ Vs. JIT RAM

JUDGEMENT

(1.) Challenge in this appeal is the judgment and decree dated 12.11.2010 passed by Ms. Harpreet Kaur Randhawa, Additional District Judge, Ferozepur, vide which the appeal preferred by the defendant-appellant against the judgment and decree dated 6.2.2010 passed by Mrs. Gurdarshan Kaur, PCS, Additional Civil Judge (Senior Division), Jalalabad, was dismissed.

(2.) Briefly stated, Jit Ram filed suit for recovery of Rs. 3,72,000/- with the averments that a sum of Rs.3,00,000/- was advanced to the defendant on 20.7.2006. The defendant executed a Promissory note and receipt dated 20.7.2006 after receiving the above said amount in cash. The interest was agreed @ 2% per month. The said amount has not been paid inspite of repeated requests. Hence the suit.

(3.) The suit was resisted by the defendant taking preliminary objections that the suit of the plaintiff is not maintainable, that the plaintiff has not come to the Court with clean hands and has suppressed the material facts from the Court. It is pleaded that in fact the plaintiff is an agent of P.A.D. Bank and got sanctioned loans to the agriculturists and shopkeepers and the plaintiff also got sanctioned loan to the defendant from the bank, but he started demanding excess amount on account of his commission. An altercation took place between the parties and then the plaintiff has forged the pronote and receipt.