GURDIAL SINGH Vs. DALVEER KAUR

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiff Gurdial Singh had brought a suit against defendant Partap Singh seeking recovery of Rs.4,55,000.00 along with interest on the basis of pronote/receipt dtd. 27/10/2000 besides craving for grant of permanent injunction restraining the defendant from alienating the suit property.

(2.) As per the version of the plaintiff, defendant Partap Singh had raised a loan of Rs.3,50,000.00 from him on 27/10/2000 and executed a pronote and receipt in his favour putting his signatures thereon in presence of the witnesses and the witnesses had attested those documents; that the defendant had agreed to repay the loan amount with interest @ 1.50% per month on demand, however, he failed to pay any amount to the plaintiff towards principal or interest on demand despite repeated requests, giving rise to a cause of action to the plaintiff to bring the suit in question.

(3.) On notice, the defendant appeared and filed written statement contesting the suit raising legal plea that the Court in question lacked territorial jurisdiction to entertain and try the suit since the defendant did not have any property at village Dharamgarh Chhana, whereas the alleged pronote and receipt were executed at Patran, Tehsil Samana. On merits, the defendant denied having raised any loan from the plaintiff or having executed any pronote and receipt. He dubbed those documents to be forged and fabricated contending that the alleged witnesses were closely related to the plaintiff, whereas the alleged scribe was commission agent of the plaintiff. Refuting the remaining allegations, the defendant prayed for dismissal of the suit.