BALVINDER SINGH Vs. BASAIKHI RAM SAINA RAM

JUDGEMENT

(1.) DEFENDANT -Balvinder Singh has filed the present appeal for challenging the judgment and decree dated 20.11.1984 passed by Additional District Judge, Sirsa, whereby the appeal of plaintiff-M/s. Basaikhi Ram Saina Ram was accepted and a decree for the recovery of Rs. 14,000/- with costs and future interest at the rate of 12% per annum from the date of filing of the suit till the recovery of the entire decretal amount was passed in favour of the plaintiff and against the defendant.

(2.) THE suit was filed by the plaintiff-firm through its partner Brij Lal claiming therein that the defendant borrowed a sum of Rs. 9,000/- on 28.5.1977 from it on interest at the rate of Rs. 1.56 per hundred per mensum and in consideration thereof, executed a pronote and a receipt in favour of the firm. Although, an amount of Rs. 5,054/- was due towards interest yet plaintiff-firm claimed interest only to the extent of Rs. 5,000/-. As the defendant failed to pay the borrowed amount along with the interest, the plaintiff-firm had no other option but to file the suit.

(3.) ON the pleadings of the parties, the following issues were framed by the learned trial Court :-