FAUJA SINGH Vs. DALIP SINGH UJJAGAR SINGH

JUDGEMENT

(1.) This is a defendant's appeal and has been directed against the judgment and decree dated 8.12.1979, passed by the Court of District Judge, Patiala, who allowed the appeal of the plaintiff-respondent in part and granted a money decree in favour of the plaintiff to the tune of Rs. 2,820/- with proportionate costs of both the Courts, by setting aside the judgment and decree of the trial Court dated 11.9.1978 passed by the Sub Judge II Class, Patiala who dismissed the money suit of the plaintiffs-respondent.

(2.) The brief facts of the case can be noticed in the following manner:-

(3.) The plaintiff M/s Dalip, Singh Ujjagar Singh, Commission Agents, Devigarh, Tehsil and District Patiala through its partner Ujjagar Singh filed a money suit for a sum of Rs. 4,760/- by alleging that the plaintiff-firm is a registered firm with the Registrar of Firms under the Indian Partnership Act and Ujjagar Singh is the registered partner and runs a shop of Commission Agent. The defendant Fauja Singh used to took loan at different times from the plaintiff-firm. He took loan at different times from the plaintiff-firm. He took a loan of Rs. 2,300/ in cash from the plaintiff-firm on, 7.12.1971 and agreed to repay the same as 31.3.1973 and an entry in this respect was made in the Bahi of the paintiff-firm; that the defendant took a loan of Rs. 480/- on 5.2 1972 vide entry in Bahi through his servant and further took a loan of Rs. 520/- vide cheque drawn on the Central Co-operative Bank's Branch, Devigarh on 12.4.1982 and an entry in this respect was also made in the Bhai The defendant too another loan of Rs. 100/- on 12.4.1972 by sending a separate writing in Punjabi and Rs. 100/-on 24.4.1972 by another writing and, thus, the defendant took a sum of Rs. 3,500/- as loan as detailed above and agreed to pay interest @ 1% per month. The plaintiff-firm asked the defendant to return the loan money a number of times but he refused to do so. Ultimately, a notice was given to the defendant on 12.12.1974 but to no effect. Hence, the suit.