MAJOR SINGH Vs. RAJ KUMAR

JUDGEMENT

(1.) THIS is a defendant's appeal and has been directed against the judgment and decree dated 31.3.1980 passed by Addl. District Judge Barnala, who affirmed the judgment and decree dated 2.4.1979 passed by Sub Judge IInd Class, Barnala, who decreed the money suit of the plaintiff respondent to the effect that he is entitled to recover Rs. 9,520/- with future interest @ 6 per cent per annum till realisation from the defendant- appellant.

(2.) THE brief facts of the case are that Raj Kumar plaintiff-respondent filed a money suit for a sum of Rs. 9,520/-, i.e Rs. 7,000/- as principal and Rs. 2,520/- by way of interest, on the basis of pronote Ex. P1 and receipt Ex. P2. The case set up by Raj Kumar plaintiff-respondent in the trial Court was that Major Singh defendant obtained a sum of Rs. 7,000/- from him on 25.6.1974 and agreed to pay interest @ 1.56 per month and executed a pronote and receipt in this behalf. The pronote and receipt were duly stamped. The money was received by Major Singh in the presence of Jeet Singh, who also attested the receipt which was scribed by the plaintiff. In spite of the repeated demands made by the plaintiff upon the defendant to return the principal amount and interest nothing has been paid. Hence the suit.

(3.) THE plaintiff filed re-joinder to the written statement in which he reiterated the pleas made in the plaint by denying those of the written statement and from the above pleadings of the parties the trial Court framed the following issues :-