HAR LAL Vs. KANWAR BHAN

JUDGEMENT

(1.) This Regular Second Appeal has been preferred by defendant -appellant Har Lal against the judgment and decree dated 20.07.1989 passed by the learned Additional District Judge, Rothak vide which the appeal filed by the respondent -plaintiff Kanwar Bhan against the judgment and decree dated 11.11.1987 passed by the learned Sub Judge Ist Class, Jhajjar has been allowed.

(2.) The facts of the case have been recapitulated by both the learned Courts below, however the facts necessary for the disposal of the present appeal are that plaintiff -respondent Kanwar Bhan filed the suit for recovery of Rs. 8240/ - against appellant Har Lal on the grounds inter alia that on 06.09.1982 appellant -defendant Har Lal borrowed a sum or Rs. 9000/ - from the plaintiff and executed a Bahi entry in this behalf. The interest at the rate of 1 % per month was agreed to. The defendant has repaid Rs. 4000/ -. Thereafter, a sum of Rs. 8240/ - along with interest were was due from the defendant -appellant, which he had not paid despite demand. Plaintiff also got served the legal notice through registered post, which was not replied by the appellant. Hence the suit.

(3.) Appellant -defendant contested the suit on the grounds inter alia that he never took any loan from the plaintiff -respondent nor signed any Bahi entry. The question of settling any interest does not arise. Nothing is due from the defendant to the plaintiff. He also denied that any legal notice was served upon him. He also raised certain legal and preliminary objections and pleaded for dismissal of the suit.