SATYAVIR TADA Vs. SATBIR SINGH

JUDGEMENT

(1.) Defendant who suffered a money decree at the hands of the plaintiff has preferred the present appeal.

(2.) It was contended by the plaintiff that on 20.12.2001, defendant borrowed a sum of Rs.25,000/- from the plaintiff for domestic purposes. Nothing was executed on that day. But on 22.4.2003, the accounts between the plaintiff and the defendant were settled and the defendant made an entry in the Bahi maintained by the plaintiff acknowledging the outstanding amount of Rs.31,000/- payable by him. Interest was also agreed to be paid at the rate of Rs.1.9 Anna per hundred per month. Plaintiff has sought for recovery of money with the above contentions.

(3.) Defendant denied that he had ever borrowed a sum of Rs.25,000/- for domestic purposes as on 20.12.2001. Defendant borrowed a buffalo with calf from the plaintiff on 22.4.1997. The value thereof was only Rs.13,000/-. In that regard, Jagdish the elder brother of the defendant made an entry in the Bahi maintained by the plaintiff and the defendant put his signatures. After two days, the buffalo had died due to illness. On 22.4.2003, the previous accounts were settled between the plaintiff and the defendant. The calf had grown up and it was purchased by the defendant from the plaintiff for a sum of Rs.13,000/- out of which Rs.6380/- was paid by the defendant to the plaintiff. The balance to be paid was only Rs.6620/-. Defendant was informed by the plaintiff that the entire amount stood adjusted. Plaintiff had made a false story that the defendant borrowed a sum of Rs.25,000/-. Defendant sought for dismissal of the suit.