KEWAL RAM Vs. MURAT SINGH

JUDGEMENT

(1.) Instant Regular Second Appeal is directed against the judgment and decree dated 25.2.2008 passed by learned District Judge (Forest), Shimla in Civil Appeal No.43- S/13 of 2007/06, affirming the judgment and decree dated 29.11.2005, passed by Civil Judge(Senior Division), Chopal, District Shimla in Civil Suit No.22-1 of 2005, whereby suit for recovery having been filed by the plaintiff-respondent (hereinafter referred to as the 'plaintiff') has been decreed.

(2.) Briefly stated the facts, as emerged from the record, are that the plaintiff filed a suit for recovery of a sum of Rs.27,000/- against the defendant in the Court of learned Civil Judge(Senior Division), Chopal, District Shimla, stating therein that the defendant approached him and offered to purchase the apple crop in the apple season of the year 2004 from the apple orchard of plaintiff. Plaintiff further averred that deal was settled between plaintiff and defendant for full and final consideration amounting to Rs.1,01,000/- only. As per plaintiff, defendant made payment of Rs.76,000/- to the plaintiff being part payment of the cost of apple crop but remaining balance payment of Rs.25,000/- was to be made after sale of entire apple crop in the market. Plaintiff further claimed that defendant had agreed in writing and had undertaken to make the remaining payment of the sale of apples in the market. Plaintiff averred in the plaint that defendant acknowledged the liability to pay the balance amount of Rs.25,000/- in favour of plaintiff on 31.8.2004 and beside above, defendant-appellant acknowledged the liability to make payment to the plaintiff on 11.7.2004, on which day he admitted the payment of Rs.11,000/- made by him to the plaintiff on 10.7.2004 and Rs.11,000/- earlier to 10.7.2004. Plaintiff further averred in the plaint that defendant-appellant acknowledged the liability to pay an amount of Rs.25,000/-, being balance payment, payable to the plaintiff, which is still recoverable from the defendant. Since defendant failed to make the payment within the stipulated period, plaintiff claimed an amount of Rs.27,000/- alongwith pending and future interest @ 8% per annum for one year i.e. w.e.f. 11th July, 2004 to 10th July, 2005.

(3.) Defendant by way of written statement refuted the aforesaid claim of the plaintiff as set up in the plant in toto by stating that he neither approached the plaintiff nor offered to purchase his apple crop. He further stated that no deed was finally settled between him and plaintiff and as such there is no question of payment of Rs.27,000/- and remaining balance of Rs.25,000/-. Defendant also denied that he ever acknowledged the liability to pay the balance amount of Rs.25,000/- to the plaintiff on 31.8.2004.