RAJ KUMAR Vs. JAGDISH

JUDGEMENT

(1.) This appeal is directed against the Judgment and decree date 09.08.2018 passed by the Additional District Judge, Sonepat, in Civil Appeal No.17 RBT of 2015/2017 by which he has allowed the appeal setting aside the Judgment and decree dated 18.08.2015 passed by Civil Judge (Jr.Divn.) and though he has not disturbed the finding that the mortgage deed Ex.P1 is inadmissible in evidence under Section 49 of the Registration Act, 1908 (hereinafter to be referred as the 'Act') owing to its non-registration, however, has held that the transaction of Rs.2 Lakh from plaintiff to the defendant on 05.11.2008 stands established and therefore, the plaintiff has been found to have a right to recover such amount alongwith reasonable interest at the rate of 12% per annum from 05.11.2008 till 09.08.2018, and future interest at the rate of 6% per annum till payment of the amount in favour of the plaintiff.

(2.) The defendant appeared and contested the suit by filing a written statement taking a stand that neither any amount was borrowed from the plaintiff nor was any land mortgaged by him on 05.11.2008 vide any instrument of mortgage. The very execution of mortgage deed has been denied. It has been averred in the written statement that the plaintiff has forged the document and placed the same on record.

(3.) The trial Court, on appreciation of the rival pleadings framed following issues: