KASHMIR CHAND Vs. HARNAM CHAND

JUDGEMENT

(1.) The defendant has filed this regular second appeal against the judgments of the Courts below, whereby, the suit filed by the respondent for recovery of Rs. 2,54,000/- (Rupees two lacs principal amount and Rs. 54000/- as interest) has been decreed.

(2.) The plaintiff had filed the suit with the averment that the plaintiff and defendant were residents of village Ahmedpur and were known to each other. On 13.3.2007, the defendant borrowed a sum of Rs. 2 lacs from the plaintiff for urgent need. He agreed to repay the amount along with interest at the rate of 0.75 paisa per month till repayment. The defendant executed a pronote and receipt on 13.3.2007 in the presence of witnesses Satnam Chand son of Chandi Ram, Charan Dass son of Bulla Ram, Bhajan Lal son of Bhinder and Surender Kumar son of Kashmir Chand. The pronote and receipt was scribed by Deen Dayal Deed Writer. The defendant had agreed to repay the amount on demand. However, despite the plaintiff demanding the amount, the defendant was refusing to make payment on one pretext or the other. Hence the suit.

(3.) The defendant on the other hand pleaded that he had not borrowed any amount from the plaintiff. It was his case that the defendant being a co-villager of the plaintiff and his son Des Raj had borrowed a sum of Rs. 20,000/- from Des Raj. At that time, Des Raj had procured the signatures of the defendant on many blank plain papers, stamp papers and printed forms to be used as security for repayment of the borrowed amount. However, Des Raj misused those signed papers and manipulated a sale agreement in his favour. He filed a civil suit for possession of land of defendant through specific performance of agreement to sell. The said civil suit titled as Des Raj v. Kashmiri Lal was decided by the Addl. Civil Judge (Sr.Divn.), Sirsa vide judgment dated 26.5.2012 and alternative relief for refund of earnest money had been granted. After filing that suit, Des Raj got the present suit filed my manipulating the pronote and receipt and the blank printed forms signed by the defendant.