SHAKTI SINGH Vs. SHIV DAYAL SINGH

JUDGEMENT

(1.) This Regular Second Appeal arises out of a judgment and decree by which the plaintiffs suit for recovery of Rs. 20,400.00 was decreed by the lower appellate Court.

(2.) Succinctly, the facts stated in the suit are these :

(3.) The plaintiff remitted Rs. 15,000.00 by a Cross Demand Draft dated 27th July, 1981 drawn on Punjab National Bank Overseas Branch Jalandhar from England payable to Shakti Singh defendant. The defendant received the draft on 10th Aug., 1981 and the same was presented to Punjab National Bank at Kot Fatuhi for its collection. The amount was credited to the account of the defendant by Kot Fatuhi Branch of the Punjab National Bank on 10th Aug., 1981 itself. The suit was filed on 13th Aug., 1984. The drawee bank received the advice from the drawer bank on 13th Aug., 1981 when the amount was debited to the account of the drawer bank. The amount was remitted to the collecting bank at Kot Fatuhi on 16th Aug., 1981. The same was received by the collecting bank on 19th Aug., 1981. Further a claim of interest at the rate of 18 percent annum was also made. It was averred that the amount was a loan which was not repaid.