PARAMJIT SINGH Vs. DARSHAN SINGH AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dtd. 14/11/2018 passed by the District Judge, Jalandhar in CIS No.CA-1410-2018 by which he has dismissed the appeal filed by the present appellantParamjit Singh and upheld the judgment and decree dtd. 14/5/2018 passed by Additional Civil Judge (Sr.Divn.), Nakodar, decreeing the suit filed by the plaintiff-respondents with the findings that plaintiffs are entitled for recovery of Rs.9,50,000.00 as principal amount along with interest.

(2.) The appellant also seeks setting aside of the judgment and decree dtd. 14/5/2018 passed, as stated above, by the Civil Judge (Jr.Divn.), Nakodar, in CIS Case No.CS 344/2015 dtd. 25/8/2015.

(3.) According to the plaintiffs, the parties of the suit are of the same village. The defendants took a loan of Rs.1,50,000.00 from the plaintiffs on 2/2/2012 and executed pronote and receipt in favour of plaintiffrespondent No.1 on the same day. After about 6 months, the defendant repaid the amount with interest and the original pronote and receipt were returned to him with endorsement regarding payment of loan amount. However, soon thereafter the defendant approached the plaintiffs once again for borrowing a sum of Rs.2,50,000.00 which, in view of the friendly relations, was given by the plaintiff No.1 as loan. On 30/8/2012 in lieu thereof, the defendant executed pronote and receipt on the same day. As per the plaintiffs, the loan amount was paid in the presence of Kartar Singh Lambardar and Sukhwinder Singh. Interest agreed under this pronote was 2% per month. Defendant kept paying the interest amount every month up to 30/6/2013, however, the principal amount remained outstanding. The defendant again approached the plaintiff for loan of Rs.7.00 Lacs which was again arranged and on 1/7/2013, since the plaintiff No.1 was busy in some other work, sent his wife Piar Kaur-plaintiff No.2 to advance loan of Rs.3,50,000.00 to the defendant against pronote and receipt at the place of Mukhtiar Singh -document writer. Defendant-appellant Paramjit Singh granted a pronote and receipt for Rs,3,50,000/- in favour of Piar Kaurplaintiff No.2 in the presence of Sukhwinder Singh and Santokh Singh Lambardar. On 2/7/2013, the plaintiff No.1 again advanced him loan of Rs.3,50,000.00 and got executed pronote and receipt in lieu of this amount from the defendant in the presence of aforesaid witnesses. Interest agreed to be paid under both the pronotes was 1 ?% per month. Defendant had agreed to return the amount as and when demanded by the plaintiffs along with the interest. On 30/8/2015, a total sum of Rs.13,20,500.00 became due towards defendant who did not repay any amount either towards principal or interest despite repeated demands. Hence, the suit was filed for recovery of the same.