ROOP CHAND Vs. PRITU DEVI

JUDGEMENT

(1.) The defendant has come in appeal against the judgment, decree dated 4.1.1997 passed by learned Additional District Judge, Kullu in Civil Appeal No.29/1996 setting aside judgment, decree dated 31.7.1996 passed by learned Sub Judge 1st Class, Kullu in Civil Suit No.174 of 1993 and decreeing the suit of the respondent for Rs.22,000 along with simple interest at the rate of 12% per annum from the date of filing of the suit till realisation.

(2.) The facts, in brief, are that respondent on the basis of writing dated 20.3.1990 Ext.PW-1/A filed a suit for recovery of Rs.33,880 which included Rs.22,000 principal amount and Rs.11,880 interest at the rate of 18% per annum. The case of the respondent is that on the basis of writing dated 20.3.1990, the appellant had purchased apple crop of the orchard of respondent of two years for Rs.48,000. He paid Rs.14,000 at the time of agreement and the balance amount was to be paid in instalments more specifically mentioned in the plaint. The appellant paid Rs.7000 and Rs.5000 in the year 1991 and did not pay the balance amount as per the writing. The respondent had received in all Rs.26,000 from appellant. The appellant is liable to pay Rs.22,000 to the respondent as per writing along with interest at the rate of 18% per annum.

(3.) The appellant contested the suit by filing written statement, he took preliminary objections of maintainability of the suit, limitation and the suit is bad for want of better particulars. On merits, he admitted the writing dated 20.3.1990 but pleaded that he had paid whole of the amount of Rs.48,000 to the respondent and nothing is payable by him to her. The respondent filed replication and reiterated her case. The learned Sub Judge dismissed the suit on 31.7.1996. The respondent filed appeal against the judgment, decree dated 31.7.1996 and the appeal was allowed by learned Additional District Judge, Kullu on 4.1.1997, as noticed above, hence, this appeal by the defendant.