SANTA SINGH Vs. ARJAN SINGH

JUDGEMENT

(1.) Arjan Singh filed a suit on November 25, 1975 for the recovery of Rs. 40,800/- (Rs. 30,000/- as principal and Rs. 10,800/- as interest) alongwith interest at the rate of Re. 1 per cent per month on the basis of pronote and receipt dated November 28, 1972 on the allegations that defendant Santa Singh took loan of Rs. 30,000/- from him and agreed to pay interest at the rate of Re. 1 per cent per month and executed a pronote and receipt. The defendant failed to pay the loan or interest in spite of demands. A notice dated November 4, 1975 was given to the defendant but he refused to accept the same.

(2.) The defendant put in appearance and denied having borrowed any amount from the plaintiff. He denied the execution of any pronote or receipt by him. As per the defendant, some criminal proceedings were pending against him in the Court of Shri Harjit Singh, Judicial Magistrate, 1st Class, Ludhiana and after the hearing of this case on November 27, 1972, the plaintiff alongwith Teja Singh and Nachhatar Singh forcibly took him in a Taxi to the plaintiff's house in village Alamgir where he was beaten and forcibly made to sign some papers which he did in view of the force applied. It is further the allegation of the defendant that after his release by the plaintiff he made a complaint to the Superintendent of Police which was enquired into by the Deputy Superintendent of Police. The plaintiff promised to tear off the pronote during the course of enquiry but he did not do so. It was consequently pleaded that the suit was based on a forged pronote and no consideration passed from the plaintiff to the defendant under the pronote and receipt.

(3.) On the above pleadings, the parties were finally put to trial on the following issues :-