BHARAT SINGH Vs. RAM CHANDER

JUDGEMENT

(1.) Appellant-Bharat Singh has filed this regular second appeal against judgment and decree dated 09.12.2010 passed by District Judge, Bhiwani vide which judgment and decree dated 06.05.2010 passed by Civil Judge (Jr. Divn.) Charkhi Dadri has been upheld.

(2.) Plaintiff filed suit for recovery of Rs. 57,200/- i.e. Rs. 33,500/- as principle amount and Rs. 23,700/- as interest amount against the defendant on the ground that defendant had borrowed a sum of Rs. 33,500/- from him on 12.12.2003 in the presence of a witness. In acknowledgement of the same, borrower executed a bahi entry in the bahi of plaintiff in which he had promised to repay the amount on demand with interest at the rate of 24% per annum. Despite requests made by the plaintiff, payment has not been made by the defendant and, therefore, suit has been filed.

(3.) The defendant contested the suit and filed the written statement denying the averments of the plaint. Defendant denied the execution of bahi entry and also denied borrowing of the amount from the plaintiff in any manner.