BHAGAT RAM Vs. BAL KRISHAN

JUDGEMENT

(1.) The plaintiff had instituted a suit before the learned trial Court for a recovery of Rs.1,64,145 from the defendant/appellant herein. The suit of the plaintiff stood decreed by the learned trial Court and in an appeal carried therefrom before the learned First Appellate Court, the latter Court modified the verdict recorded by the learned trial Court. Standing aggrieved therefrom, the defendant/appellant herein has instituted the instant appeal herebefore.

(2.) Briefly stated the facts of the case are that the plaintiff is working as an Agent of M/s BHS Fruit Commission Agency, Delhi. It is averred that On 22nd October, 2001, after settling the amounts with the defendant, the defendant acknowledged his having received an amount of Rs.1,09.430/- from the plaintiff and duly acknowledged the same by signing the ledger.

(3.) The defendant contested the suit and filed written statement wherein he had taken preliminary objection qua the plaintiff being not entitled to the interest at the rate of 5%, cause of action and that the alleged ledger, basis of the suit, is not maintained in accordance with law and it is false document. On merits, it is alleged that the defendant had not settled any account with the plaintiff. It is denied that the defendant never acknowledged qua his having received an amount of Rs.1,09,430/- from the plaintiff. It is also denied that the defendant acknowledged the liability of Rs.1,64,145/- respectively on 22nd October, 2001 and on August 22, 2002. It is averred that the defendant some time 14-15 years back took empty apple boxes of value of about Rs.3,000/- and the plaintiff had recovered about Rs.15,000/- from him by fraud and forcible acts. Hence, he prayed for the dismissal of the suit.