AVTAR SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) THIS first appeal is directed against the judgement and decree of the trial Judge decreeing the suit of the Plaintiff -respondent for recovery of Rs. 57,120/ -with costs.

(2.) THE Plaintiff -respondent (hereinafter the Plaintiff) advanced a loan of Rs. 42000/ - to the Defendant -appellant (hereinafter the Defendant) against pronote and receipt dated October 11,1974, Exhibits P.1 and P.2 respectively. The loan was to carry interest at the rate of 1 percent per mensem. The Defendant did not tender the amount when demanded necessitating the filling of the suit. The Defendant denied having executed the pronote and the receipt in favour of the Plaintiff.

(3.) Under issue No. 1, it was held by the trial Judge that the Defendant had executed the pronote and the receipt, Exhibits P.1 and P.2 respectively, in favour of the Plaintiff. This issue was decided in favour of the Plaintiff and against the Defendant under issue No. 2 it was held that the pronote and the receipt were for consideration and this issue was answered against the Defendant, under issue No. 3 it was held that the Plaintiff was entitled to recover the loan amount with interest at the rate of 1 % per mensem and on ultimate analysis, the suit was decreed. The Defendant has come up in regular first appeal.