KULDEEP SINGH Vs. DAVINDER SINGH

JUDGEMENT

(1.) Defendant Kuldeep Singh, having lost in both the courts below, has filed this second appeal. Suit was filed by respondent-plaintiff Davinder Singh against defendant-appellant alleging that defendant had taken loan of Rs. 2,00,000/- from the Kharar Primary Agricultural Development Bank Ltd., Kharar in July 2001, for which plaintiffs father Darshan Singh (since deceased) stood guarantor and mortgaged his land. The defendant deposited Rs. 1,00,000/- out of the loan amount, but failed to pay the balance amount and interest. Since the Bank wanted to sell the mortgaged Sand of plaintiff's father, the plaintiff paid the defendant's outstanding loan amount of Rs. 1,69,700/- to the Bank on behalf of the defendant. The plaintiff accordingly sought recovery of the said amount along with interest thereon @ 12% per annum, thereby claiming recovery of Rs. 1,79,882/-.

(2.) The defendant broadly denied the plaint averments and pleaded that plaintiff's father had taken many loans from different institutions and had become defaulter, and therefore, he was not entitled to take further loan from any institution. On asking of defendant's father, the plaintiff took the disputed loan and paid the same to defendant's father, who had to repay the same. It was also pleaded that the defendant, under coercion of creditor Bank, paid Rs. 1,00,000/- to the Bank and the same is also recoverable by the defendant from the plaintiff. The defendant denied his liability to pay any amount to the plaintiff.

(3.) Both the courts below have decreed the suit of the plaintiff. Feeling aggrieved, defendant has filed this second appeal.