JAGMAL SINGH Vs. LACHHMI CHAND HARI CHAND

JUDGEMENT

(1.) The defendant is in appeal against the judgment and decree of both the Courts below by which suit filed by the plaintiff for recovery has been decreed for the amount of Rs. 2,88,957/- with interest @ 12% per annum from the date of filing till its realisation. In brief, the plaintiff firm is doing the business of commission agency, where the defendant used to sell his crop. The plaintiff advanced Rs. 70,793.96 on 5.11.1999 and also settled the total amount due from him of Rs. 2,65,000/- on 5.11.1999 which was signed by the defendant in his bahi entry in English and promised to repay the total amount in Rabi crop, 2000. After settling the amount, the defendant borrowed a sum of Rs. 1,770/- on 1.12.1999; Rs. 1,080/- on 17.12.1999, Rs. 8,120/- on 21.12.1999 and Rs. 2,000/- each on 07.1.2000 and 19.2.2000 after signing all the entries in the bahi. Thus, a total outstanding amount against the defendant was Rs. 2,80,970/- but the defendant did not sell his rabi crop of the year 2000 as well as kharif crop of the same year to the plaintiff. The plaintiff requested him to clear his dues, but despite making promise, the defendant did not turn up to make the payment.

(2.) In the written statement, stand taken by the defendant is that he never borrowed any money from the plaintiff nor sold his agricultural produce to the plaintiff's commission agency. He challenged the entries as forged and fabricated.

(3.) After issues were framed, the plaintiff-firm examined Mohan Lal as PW-1, Sumer Singh as PW-2 and Ram Nath as PW-3 and tendered into evidence documents Exs.P-1 to P-49, whereas the defendant examined himself as DW-1 and Gurcharan Singh as DW-2 and also tendered into evidence receipt Ex.D1 and copy of statement mark A.