NIRMALA DEVI Vs. SUNITA DEVI

JUDGEMENT

(1.) THIS appeal is preferred at the instance of legal heirs of defendant Rati Ram against the judgment and decree of both the Courts below by which suit filed by the legal heirs of Amit Yadav for recovery of Rs. 2,18,000/ - has been decreed.

(2.) IN short, the case of the plaintiffs is that Rati Ram had borrowed a sum of Rs. 2,00,000/ - from Amit Yadav on 07.06.2006 for business purposes on interest @ '1.50/ - per hundred per month and executed a pronote and receipt in lieu thereof. Rati Ram promised to return the amount on demand, but when the payment was not made, the present suit has been filed.

(3.) THE case of the defendant is of total denial of borrowing the amount rather it has been urged that he had purchased a car bearing registration no.HR -19B -5868 from Amit Yadav and executed the pronote as guarantee of payment of installments of the price of the car. The plaintiff no.1 got a false case registered against him in the Police Station City Dadri, but the defendant got the car released on Supardari. It is further alleged that the plaintiffs are now using the said pronote in illegal manner.