PRITAM SINGH Vs. SARUP CHAND

JUDGEMENT

(1.) A suit was filed by the respondent-appellant for recovery of Rs. 9,500/- against the appellant-defendant. It was alleged in the pliant that the defendant had borrowed various sums from time to time from the plaintiff and after accounting for the previous loans, he struck the balance of Rs. 9,500/- in favour of plaintiff in 29th of Poh, 2025 BK. corresponding to 12th January, 1969 and it was reduced to writing by scribe Faqiria Mal in which it was stipulated that the amount would be repaid by Hari, 2026 BK. The defendant denied the allegations made in the plaint and had taken the stand in the written statement that he had taken only a loan of Rs. 400/- about 10 years before filing of the suit and the respondent had got a writing executed for Rs. 480/- from the appellant; that about a year back he gave a buffalo worth Rs. 1,000/- to the plaintiff and had settled his accounts finally; that the writing in question is a fictitious one as the plaintiff fraudulently got his thumb impressions on some of the papers; that the plaintiff is a money-lender and had not furnished six-month accounts to him for which the plaintiff is not entitled to any interest or cost. The parties contested on the following issues :-

(2.) For the reasons recorded above, this appeal is allowed, with costs, the judgment and decree of both the Courts below are set aside and the plaintiff's suit is dismissed with costs. However, on the oral request of the learned counsel for the plaintiff-respondent, I grant leave to file a letters patent appeal.