(1.) This appeal has been directed against the judgment dated 13.6.1979 passed by the learned District Judge, Patiala in Civil Appeal No. 528 of 17.10.1978.
(2.) Briefly stated the facts of the case are that the plaintiff (appellant herein) had advanced a sum of Rs. 1,600/- as loan @ 2% per month as interest on 10.10.1974 to defendant Babu Ram (respondent herein). As per averments made in the plaint, an entry to this effect was made by the plaintiff in his bahi which was duly witnessed by two persons namely Sant Singh and Sham Lal. In the written statement filed on behalf of the defendant, denied the claim of the plaintiff and stated that he never took any loan from the plaintiff nor he executed any writing for the same. It was, however, averred by the defendant that he had received a sum of Rs. 3,500/- from the plaintiff on 17.6.1969 which was repaid by him on 4.6.1971 and the plaintiff might have obtained his thumb impression at the time by misrepresenting and fraud. The plaintiff controverted the allegations made in the written statement in the replication filed by him. Following issues were framed by the learned trial court.
(3.) Issues No. 1 to 5 were held as proved in favour of the plaintiff and against the defendant. Issue No. 6 was not pressed by the defendant. Consequently the learned trial Court decreed the suit of the plaintiff for a sum of Rs. 2,170/- (Rs. 1,600/- as principal amount and Rs. 570/- as interest). The defendant was also held liable to pay future interest @ 12% per annum from the date of filing the suit till the realisation of the decretal amount.