BHAJAN SINGH Vs. REGISTERED FIRM TARSEM CHAND GOYAL

JUDGEMENT

(1.) This is a Regular Second Appeal and has been directed against the judgment and decree dated 7.11.1978, passed by the Additional District Judge, Sangrur, who allowed the appeal of the plaintiff-respondent and set aside the judgment and decree of the trial Court dated 29.11.1977 and passed a money decree for a sum of Rs. 8,800/- with costs in favour of the plaintiff and against the defendant.

(2.) The facts of the case can be summarised in the following manner. Registered Firm Tarsem Chand Goyal of Bhawanigarh District Sangrur, filed a money suit for a sum of Rs. 8,800/- on the ground that plaintiff is a registered partnership firm and it maintains regular books of accounts and the transactions conducted by the firm are duly entered in the account books. On 13.6.1971 Bhajan Singh defendant along with his nephew Jagrup Singh came to the plaintiff and borrowed a sum of Rs. 8,800/-. This loan was entered in the Rokar of the plaintiff firm and the entry was signed by the defendant as well as his nephew Jagrup Singh. The entry was further carried into the Khata of the firm which is properly maintained in the regular course of business. The defendant did not return the amount. A registered notice was given to the defendant through the counsel on 13.5.1974 and defendant was called upon to pay the amount. The defendant sent the reply denying the receipt of the amount. On these small allegations the plaintiff filed a suit for the recovery of the aforesaid amount.

(3.) The suit was contested by the defendant. He contended that he was an illiterate person and he could not sign. He only puts his thumb-impressions on the documents. The alleged writing was a forged one. Later on the defendant amended his written statement and took the plea that even if it was proved that he borrowed any amount from the plaintiff, it stood discharged in view of the provision of Punjab Agricultural Indebtedness Relief Act, 1975.