KAILASH CHANDER KALIA Vs. VIJAY KUMAR

JUDGEMENT

(1.) This second appeal has been filed by the defendant laying challenge to the judgment and decree passed by the learned trial Court against him for the recovery of the suit amount as prayed for by the plaintiff. The appeal filed by him stands dismissed.

(2.) The facts are not in dispute. An amount of Rs. 15,000/ - was borrowed on 12.9.1979 by the defendant from the plaintiff for which a pronote and a receipt Exhibits P -1 and P -2 were duly executed. The said promissory note and receipt were executed by one Dhan Raj scribe. The receipt of the amount and the execution of the pronote and the receipt are not denied by the defendant. It is further an admitted position that parties were related to each other and had good relations.

(3.) Defendant was carrying on the business of grocery shop, television, etc. for which he intended money which was advanced by the plaintiff. The version of the defendant is that after having obtained the loan he changed his mind and returned this amount to the plaintiff and obtained receipt on 30th September, 1979. Interestingly, this receipt was also scribed by Dhan Raj and is witnessed by one Dr. Ranjit Singh. Plaintiff has admitted his signatures on the receipt. It may be noticed that the plaintiff died soon after filing the suit and it has been prosecuted by his wife after his death. The version from the side of the plaintiff is that he was ill and had asked the defendant to get the renewal of his armed licence and for that purpose he gave him blank paper with his signatures and the defendant got executed a receipt on the said paper.