BALJINDER SINGH Vs. AMARJIT SINGH

JUDGEMENT

(1.) This is defendant's appeal, challenging the judgment and decree of the lower Appellate Court, whereby suit of the plaintiff-respondent for recovery of Rs.2,87,000/- along with interest has been decreed while accepting the appeal against the judgment and decree of the trial Court.

(2.) As per the pleadings, the defendant-appellant borrowed a sum of Rs.2,87,000/- from the plaintiff-respondent on 20.3.2007 on interest @ 1% per month and executed a pronote and receipt for payment of the said amount. Since the aforesaid amount was not repaid, the plaintiff-respondent filed suit for recovery. Upon notice, the appellant put in appearance and contested the suit. In the written statement, apart from taking various legal objections, on merits, it was stated that he neither borrowed any amount from the plaintiff-respondent nor executed any pronote or receipt and the said pronote and receipt are the result of fraud and misrepresentation and concealment of facts. It was further pleaded that on 20.3.2007, the appellant had purchased land measuring 11 kanals 1 marla from the wife of the plaintiff-respondent and he paid a sum of Rs.6,25,000/- to her towards sale consideration and the alleged pronote and receipt may have been prepared by the plaintiff-respondent in connivance with his wife, deed writer and the witnesses. Thus, prayer for dismissal of the suit was made. Plaintiff filed replication, denying the allegations of the defendant-appellant contained therein and reasserted the averments made in the plaint.

(3.) From the pleadings of the parties, following issues were framed:-