CHAND RAM Vs. BHAGWAT DAYAL

JUDGEMENT

(1.) Chand Ram plaintiff-appellant has directed the present appeal against the judgment and decree dated 22.04.2014 passed by Shri J.R.Chauhan, learned District Judge, Bhiwani vide which the appeal preferred by plaintiff/appellant against the judgment and decree dated 14.03.2013 passed by Shri Narender Singh, the then learned Civil Judge (Junior Division), Charkhi Dadri was dismissed.

(2.) Brief facts of the present case are that on 13.05.2008 defendant borrowed a sum of Rs.22,000/- from the plaintiff along with interest @ 2% per month for house hold expenses and he undertook to return the said amount along with interest on demand. Defendant executed a Bahi entry in the Bahi of the plaintiff in his own hand writing to this effect and signed the same across the revenue ticket in the presence of witnesses, but the defendant did not repay the said amount as agreed. Hence this suit.

(3.) On notice, defendants filed written statement and contested the suit on the grounds that neither he ever borrowed any amount from the plaintiff nor executed any alleged writing in the Bahi of the plaintiff and therefore, the question of returning any amount to the plaintiff does not arise at all. Denying other averments, defendant took preliminary objections regarding maintainability, cause of action, locus standi ; estoppel and concealment of material facts from the Court.