BALBIR SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgments and decrees dated 13. 8. 2004 and 11. 1. 2005 passed respectively by the additional Civiljudge (Senior Division), Patiala (hereinafter described as 'the trial Court')and the District Judge, Patiala (referred to hereinafter as 'the First Appellate Court')whereby the suit of the plaintiff-respondent was decreed and the appeal of the defendant-appellant was dismissed.

(2.) THE respondent filed a suit for recovery of Rs. 3,21,250/- against the appellant by alleging that the latter had borrowed an amount of Rs. 2,50,000/- from the former which was agreed to be repaid along with interest at the rate of 2% per month. A pronote and receipt dated 16. 5. 1998 were alleged to have been executed by the appellant in favour of the respondent. Since the appellant failed to pay the principal amount along with interest calculated at the rate of 18% per annum with effect from 16. 5. 1998 to 15. 12. 1999, the respondent made the aforesaid prayer.

(3.) THE appellant contested the suit and controverted the allegations against him. He denied the execution of the pronote and the receipt. It was pleaded that he was an agriculturist and was selling the produce at the shop of the respondent, who was a commission agent and since he stopped selling the produce, the case has been foisted upon him. It was further averred that during the course of business, the respondent had obtained company signatures of the appellant which have been abused.