NATHI Vs. GHANSI

JUDGEMENT

(1.) This judgement will dispose of Civil Revisions Nos. 1512 and 1513 of 1977 which contain common questions of law. The facts in the judgement are being given from Civil Revision No. 1512 of 1977.

(2.) The case of the plaintiff is that the defendant took on loan an amount of Rs. 2,000/- from him on 12th July, 1970 and executed a pronote and a receipt in his favour. He agreed to return the amount on demand with interest at the rate of 2 per cent per mensem. It is alleged that the defendant did not pay the amount in spite of repeated requests. An amount of Rs. 14,000/- was due from him as interest up to 11th June, 1973. Out of the said amount he gave up his claim to the extent of Rs. 700/-. Consequently he filed a suit for recovery of Rs. 2700/- (Rs. 2000/- as principal and Rs. 700/- on account of interest).

(3.) The suit was contested by the defendant who controverted the allegations of the plaintiff and inter alia pleaded that he never, borrowed any amount from the plaintiff and never executed any pronote. In case the pronote was proved to have been executed by him, it was without consideration. He also raised an objection that the pronote was not properly stamped.