BALDEV SINGH Vs. SUKHDEV SINGH

JUDGEMENT

(1.) PRESENT Regular Second Appeal against the judgment and decree dated 12.12.2014, passed by District Judge, Moga, whereby appeal against the judgment and decree dated 28.02.2013, passed by Addl. Civil Judge (Sr. Divn.), Moga was dismissed.

(2.) FOR the sake of convenience, the parties are being referred to as per their status before the Court of first instance.

(3.) THE detailed facts of the case have already been given in the judgments of the Courts below and for ready reference the relevant facts for the purpose of decision of present regular second appeal are that the plaintiffs had filed suit for recovery of Rs. 4,96,800/ - on the ground that plaintiff No.1, who was running the business of commission agent and plaintiff No.2 is its sole proprietor. Defendant had business dealings with plaintiff Sukdhev Singh, as he used to sell crops through the agency of plaintiffs. Defendants had borrowed a sum of Rs. 3,00,000/ - from the plaintiff on 31.05.2005 and executed the bahi writing in favour of the plaintiffs, which was duly signed. Subsequently, he borrowed a sum of Rs. 4,000/ - on 03.10.2005 and another sum of Rs. 2000/ - on 12.10.2005 and executed bahi writing in favour of the plaintiffs, which was duly signed by the defendant. There was oral agreement to pay interest @ 1.50% per month and that was the custom prevailing in the market in the same area.