SURINDER SINGH Vs. RAJINDER SINGH

JUDGEMENT

(1.) THIS is an appeal directed by defendant/appellant against the judgment and decree dated 29.11.2011 passed by Shri Raj Shekhar Attri, the then District Judge, Patiala vide which the appeal preferred by the defendant/appellant against the judgment and decree dated 8.6.2011 passed by Shri Sham Lal, Additional Civil Judge (Senior Division), Nabha was dismissed.

(2.) BRIEF facts of the case as gathered from the records are that Rajinder Singh -plaintiff - appellant filed suit for recovery of Rs.3,97,000/ - (Rs.3,50,000/ - as principal amount and Rs.47,500/ - as interest along with future interest). It is pleaded that defendant/appellant borrowed a sum of Rs.3,50,000/ - from the plaintiff @ 11/2% interest per month and issued a cheque bearing No.040178 dated 4.10.2004 for a sum of Rs.3,50,000/ - in favour of plaintiff in order to discharge his said liability in the presence of Baljinder Singh and Kulwant Singh. It is further pleaded that defendant has agreed to repay the above said loan within two months along with interest. The plaintiff presented the cheque but the same was dishonoured on the ground that account closed and therefore, the present suit has been filed. Upon put to notice, defendant appeared and filed written statement and contested the suit. He took preliminary objection of cause of action, maintainability, estoppel; running of money lending business by plaintiff without its licence, fraud and filing of present suit on false facts.

(3.) FEELING dissatisfied with the judgment and decree dated 08.06.2011, defendant preferred first appeal before District Judge, Patiala. The learned District Judge, Patiala after re -appraisal of the evidence, dismissed the appeal vide judgment and decree dated 29.11.2011.