DAYAKANT Vs. JARAM CHAND

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 26.9.2001 rendered by the learned District Judge, Chamba in Civil Appeal No. 34 of 2001.

(2.) MATERIAL facts necessary for the adjudication of this Regular Second Appeal are that the Respondent -Plaintiff (hereinafter referred to as 'Plaintiff ' for convenience sake) filed a suit for recovery of Rs. 1,88,050/ -. According to the Plaintiff, the Appellant -Defendant (hereinafter referred to as "Defendant" for convenience sake) borrowed a sum ofRs. 1,50,000/ - from him for purchasing land measuring 13 biswas comprised in khasra No. 433 situated in Mohal Sultanpur, Tehsil and District, Chamba. He executed a bond on 30.1.1996 (Ex.PW -1/A) and agreed to repay the amount on or before 1.2.1998, failing which the Defendant was responsible for the expenses and damages. Defendant did not repay the loan amount despite several demands and notice dated 16.1.1998 was issued to him. In view of this, the Plaintiff was entitled to recover a sum ofRs. 1,88,050/ - and interest thereon from 30.1.1996 to 30.1.1998 @ 12% per annum.

(3.) MR . N.S. Chandel has strenuously argued that Ex.PW -1/A was not admissible in evidence. According to him, both the courts below have misread and mis -appreciated the oral as well as documentary evidence led by the parties.