PARKASH CHAND ANAND Vs. DHANWANT SINGH

JUDGEMENT

(1.) This second appeal has been directed against the judgment and decree dated 6th September, 1967 of Shri B. D. Sharma. District Judge. Mandi.

(2.) The plaintiff Dhanwant Singh came to Court with the allegations, that the defendant Parkash Chand Anand had borrowed Rupees 3,000/- from him on 25th of November. 1960 and the entry to that effect was made in the 'Bahi Khata' of the plaintiff. Subsequently the defendant paid Rupees 120/- on 22-3-1961 and accordingly the entry was made in the 'Bahi Khata'. This was a payment of interest that accrued upon the debt. Thereafter, the defendant paid Rupees 2,000/-on 611- 1962 and the entry to that effect was again made in the 'Bahi Khata'. The plaintiff appropriated Rupees 600/-towards interest and the remaining Rupees 1,400/- were accounted for the payment of principal amount. In this manner. Rupees 1,600/- remained to be paid for the principal. Besides this, the plaintiff claimed Rupees 96/- for interest and Rupee 1/- for notice which he served upon, the defendant. In this manner a decree for Rupees 1,697/- was claimed against the defendant.

(3.) The defendant resisted the claim on the ground that he had paid Rupees 3,000/- on 21-8-1961 through a bank draft which, under instructions of the plaintiff, was sent to Panna Lal Hira Lal. Commission Agents of the plaintiff. In this manner the entire debt was paid. No interest was stipulated and hence nothing can be found due from the defendant. In respect of Rupees 2,000/-paid by the defendant on 6-11-1962- it was alleged in the written statement that this was a debt borrowed by the plaintiff from the defendant and he would recover that debt under due process of law. The learned trial Judge framed the following issues:-