SHAMSHER SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) RESPONDENT , Amar Singh (plaintiff in civil suit), had approached the trial court for recovery of Rs. 15,460/ -(Rs. 10,000/ - as principal and Rs. 5460/ - as interest, calculated thereon at the rate of 1.56 percent per mensem) from Shamsher Singh, the appellant (defendant before the trial Court) alleging that the appellant had borrowed from him an amount of Rs. 10,000/ - on 04.08.1982 and had executed a promissory note and receipt, thereby acknowledging receipt of the aforesaid amount and undertaking to return it on demand together with interest at the rate of 1.56 percent per mensem but did not return the loan amount and the accrued interest, despite repeated requests. The appellant resisted respondent's plea and denied receipt of loan amount of Rs. 10,000/ - from the respondent on 04.08.1982. He also came out with a plea that he had leased out his land to the respondent for 06 crop seasons commencing from Kharif 1982 to Rabi 1985 on Chakota basis, for a total Chakota amount of Rs. 20,000/ -. He received advance of Chakota to the tune of Rs. 10,000/ - in June, 1982 from the respondent followed by another sum of Rs. 10,000/ - as advance Chakota in August, 1982 and had executed receipts regarding receipt of Chakota amount. Furthermore, according to the appellant's plea in the written statement, the respondent had borrowed from him a sum of Rs. 35,000/ - on 09.01.1985 and had executed a promissory note and receipt in this regard in his favour.

(2.) WHILE denying receipt of the loan amount vide promissory note and receipt in question, the appellant had prayed for dismissal of respondent's suit.

(3.) WHETHER the defendant is entitled to special costs? If so, to what extent? OPD