MAHI PAL Vs. BALDEV SINGH

JUDGEMENT

(1.) Notice in this application was issued on 05.09.2019 for 17.09.2019. Notice re:stay was also issued. On 17.09.2019, the turn of the case did not reach and the case was adjourned for today by order.

(2.) Prayer in this application is for condonation of delay of 47 days in filing the appeal.

(3.) In the written statement filed by the defendant, he has denied the execution of agreement to sell in favour of the plaintiff. He further pleaded that in fact, he was in need of money in the first week of November 2004 and as such, he approached the plaintiff for financial assistance of Rs.55,000/-. Defendant had asked the plaintiff that he will return the amount within five months with interest. Plaintiff paid an amount of Rs.53,900/- by deducting Rs.1100/- as interest @ 2% per month on 02.11.2004. Plaintiff told the defendant that he has to sign some blank stamp papers as token of security. Plaintiff in fact obtained the signatures of the defendant on some blank stamp papers. Defendant signed the same in good faith being an illiterate person who can only sign. Plaintiff promised to return the blank stamp papers on repayment of loan with interest. Defendant again took loan of Rs.25,000/- for the purchase of sheeps on 02.12.2004 on the same interest. This time also plaintiff paid an amount of Rs.24,500/- after deducting the amount towards interest. In this way, defendant borrowed total sum of Rs.80,000/- from the plaintiff, but later on, he returned an amount of Rs.20,000/- to the plaintiff on 06.08.2005 and thereafter, an amount of Rs.1,18,340/- including interest was returned by the defendant to the plaintiff on 27.01.2006 in the presence of respectable persons. Plaintiff did not return the signed papers to the defendant. Defendant filed a police complaint, but no action was taken. Defendant also convened a Panchayat, but for no avail. The complaint filed by the defendant was forwarded to the Economic Cell, Yamuna Nagar for investigation, where the plaintiff gave in writing that nothing was due towards the defendant and he will return the original blank stamp papers to the defendant, but the plaintiff did not return the blank papers and filed the suit in question.