RANDHIR SINGH Vs. RAM KUMAR

JUDGEMENT

(1.) By way of the present Regular Second Appeal, the appellant-defendant prays for setting aside of the judgment and decree dated 04.10.2011 passed by District Judge, Jind (hereinafter referred to as 'the First Appellate Court') whereby the suit of the plaintiff was decreed and the judgment and decree passed by the Lower Court was set aside. The parties are being referred as shown in the Lower Court.

(2.) Briefly stated the facts of the case are that a suit for recovery of Rs. 60,000/- alongwith interest @ 2% per month was filed by Ram Kumar on the plea that the defendant had borrowed a sum of Rs. 35,000/- from him and had executed a bahi entry in his favour. The bahi was signed by the defendant, in token of its correctness. The defendant had agreed to repay the amount alongwith interest but the amount had not been repaid and the interest had accumulated to Rs. 25,000/- and in this manner a sum of Rs. 60,000/- was due. The plaintiff also prayed for future interest at the same rate. A legal notice was sent through the counsel but the amount was not paid, therefore, the suit was filed. In the written statement the defendant averred that the plaintiff had no licence to indulge in money lending business and denied having taken any loan. Plea of limitation, cause of action and maintainability was also raised. He denied that he had signed any bahi entry and pleaded that it was forged and false.

(3.) On the basis of the pleadings, following issues were framed:-