JANGIR SINGH Vs. MOHINDER KAUR

JUDGEMENT

(1.) Defendant is in second appeal aggrieved against the judgment and decree passed by the learned Courts below for recovery of Rs.19,125/-.

(2.) The plaintiff-respondent filed the suit for recovery, inter alia on the averment that the defendant is owner of land measuring 13 kanal 16 marlas of land. Earlier, the land was mortgaged with one Karam Singh on 1.6.1981 in the sum of Rs.9000/-. But the said mortgage stands redeemed, when the defendant borrowed Rs.9000/- from the plaintiff. The defendant also borrowed another sum of Rs.9000/- from Sarwan Singh, who is his father's sister's husband and an agreement dated 21.6.1982 was executed to mortgage this land with the plaintiff for Rs.18,000/-. On 20.6.1985, the defendant borrowed another sum of Rs.1125/- from the plaintiff and executed another agreement. The defendant agreed to execute the mortgage deed in favour of the plaintiff or to return the amount of Rs.19,125/-. Since, the defendant did not pay the amount, the plaintiff filed the suit for recovery.

(3.) The defendant in the written statement, inter alia, pleaded that the suit is not maintainable and that the plaintiff might have obtained the thumb impression of the defendant and that the defendant is not bound by the same. It is also pleaded that the entire amount was returned by the defendant in the presence of Kartar Singh and Mohinder Singh. The plaintiff was asked to return the agreement but he did not return the same. It was pleaded that a notice dated 11.4.1986 was served upon the plaintiff to return the document, therefore, the claim of the plaintiff is not tenable.