ZILE SINGH Vs. PIARE

JUDGEMENT

(1.) THIS is Plaintiff's second appeal after reversal of the judgment and decree of the trial Court by the first appellate Court. The Plaintiff -Appellant filed this suit against the Respondent for recovery of Rs. 10,898/ - comprising Rs. 7750/ - as the principal amount and Rs. 3148/ - as interest thereon on the ground that the Respondent had taken a loan of Rs. 2000/ - on 26th April, 1967 and had agreed to pay interest at the rate of Rs. 1.56 % per month Later on, on different dates the Respondent after admitting the loan used to have a balance struck and ultimately on 24th of May, 1971 a balance of Rs. 7750/ - was struck and after affixing three stamps of 10 paise each, the Respondent affixed his thumb -impression twice.

(2.) THE Respondent in his written statement denied the taking of loan and the executing of the bahi entries. The following issues were struck:

(3.) LEARNED Counsel for the Appellant has laid stress that the Plaintiff -Appellant is an illiterate person who used to have the entries written with regard to transactions by others and, therefore, entries P. 1 to P. 19 represent the correct picture of the transactions.