BIRU ALIAS BIR SINGH Vs. KRISHAN CHAND

JUDGEMENT

(1.) This is defendant's second appeal against whom the suit for recovery of Rs. 15,000/- was dismissed by the trial Court, but has been decreed in appeal.

(2.) The plaintiff-respondent filed the suit for recovery of Rs. 15,000/- on the allegations that on 10th February, 1975, the defendant had borrowed Rs. 12,000/- from the plaintiff in cash with promise to repay the same on demand along with interest at the rate of 1 per cent per mensem, and the defendant executed a pronote Exhibit P.7 and a receipt Exhibit P.8 in consideration thereof. It was further alleged that the defendant had failed to repay the amount and as such the present suit had been filed for recovery of Rs. 12,000/- as principal and Rs. 3,000/- as interest.

(3.) The defendant contested the suit, inter alia, on the ground that the defendant never borrowed any amount from the plaintiff, nor executed the alleged pronote and the receipt. It was alleged that the defendant and his son had been taking the foodgrains to the shop of Messrs Rameshwar Dass Ved Parkash and as their dealings were not clean, they stopped the dealings with the said firm. During the course of the said dealings, the said firm might have got the thumb impressions of the defendant on any printed form and thereafter forged the alleged pronote and the receipt.