MEWA SINGH Vs. PAVITTAR SINGH

JUDGEMENT

(1.) Defendant Mewa Singh has filed the instant appeal challenging judgment and decree dated May 24, 2014 passed by the Additional District Judge, Sangrur whereby the appeal preferred by him against judgment and decree dated December 2, 2011 passed by the Civil Judge (Junior Division), Sunam was dismissed and findings returned by the lower court affirmed.

(2.) Brief facts of the case are that appellant defendant Mewa Singh took a loan of Rs. 3,54,986/- from him and executed a pronote & receipt in consideration thereof, which was scribed by Rohit Kaushik, Document Expert and was attested by witnesses. He agreed to repay the same alongwith interest @ 2% per month but he failed to pay either towards principal amount or interest despite several demands. Respondent plaintiff Pavittar Singh, accordingly, instituted a suit for recovery of Rs. 3,54,986/- i.e. Rs. 3,00,000/- as principal amount and Rs. 54,986/- as interest @ 2% per month with future interest at the same rate. He also sought for permanent injunction restraining the defendant from alienating his share out of land measuring 7 kanal 13 marlas situated in village Mehlan A, Tehsil Sunam.

(3.) Upon notice, defendant resisted the suit by filing written statement raising objections of maintainability, locus standi and estoppel etc. On merits, defendant admitted the factum of taking loan for domestic needs but pleaded that he repaid the entire amount to the plaintiff in the presence of Suresh Kumar of Sunam on July 15, 2007, who issued a receipt to defendant which was signed by both the parties. At that time, plaintiff stated that pronote was not traceable and he will return the same as and when traced. This fact was also mentioned in the receipt.