BUDHU RAM Vs. THAKUR DUTT SHARMA

JUDGEMENT

(1.) The appellant, who is aggrieved by the judgments and decrees passed against him concurrently by the learned Courts below, has preferred the instant second appeal. The parties shall be referred to as the 'plaintiff' and the 'defendant'.

(2.) The plaintiff filed a suit for recovery of Rs.1,75,274/- on the ground that the said amount was borrowed by the defendant on 20.05.2009 for his domestic needs and writing to this effect was duly executed by him in the presence of witnesses. The defendant only paid a sum of Rs.5,000/- on 13.09.2011, but despite assurance refused to pay the balance amount, for which, he constrained to issue a legal notice, but to no avail.

(3.) The defendant contested the suit by filing written statement, wherein preliminary objections regarding maintainability, estoppel and valuation were raised. On merits, it was contended that the defendant had not borrowed the aforesaid amount on the alleged date and had infact borrowed a sum of Rs.14,000/- from the plaintiff about 18 years back and the same had been paid alongwith interest about 9 years back, when he paid a sum of Rs.26,000/-. It has averred that when the defendant demanded receipt from the plaintiff, he got signatures of the defendant on blank non-judicial paper in lieu of that receipt, which is now sought to be misused by him and forms foundation and basis of the suit. Even the receipt, vide which Rs.5,000/- is alleged to have been deposited on 13.09.2011, is forged one, as the defendant now put his signatures over the writing, upon which suit of the plaintiff was based. The defendant thus prayed for dismissal of the suit with costs.