SHRIDHAR SINGH Vs. MANU SINGH

JUDGEMENT

(1.) THIS Second Appeal has been filed by the plaintiff against the judgment and decree of the learned court of appeal below allowing the money appeal and reversing the judgment and decree of the learned trial court by which the suit of the plaintiff -appellant was decreed.

(2.) MONEY Suit No. 24 of 1982 was filed by the sole plaintiff -appellant for realisation of Rs. 4,993.92 with interest (both pendente lite and future) and cost from defendant no. 1 (original respondent no. 1) claiming that at the instance of defend - ant no. 1, the plaintiff gave him a loan of Rs. 3,672.00 for purchase of bullocks and for repair of his house and in token thereof defendant no. 1 executed a hand note on 21.6.1979 in favour of the plaintiff. He further claimed that the said loan was only an accommodation loan and he was not in money lending business. It was also asserted that defendant no. 2 undertook to repay the said amount with interest but in spite of plaintiff 's demand and lapse of a long time the loan remained unpaid, hence the plaintiff had to file the said suit for recovery of the abovementioned principal amount of loan with interest totally amounting to Rs. 4,993.92. Defendant -respondent no. 2, who was the nephew of defendant -respondent no. 1, was subsequently added as defendant no. 2 in the suit after de - fendant -respodent no. 1 gifted his property to him.

(3.) LEARNED Munsif 3rd Court, Arrah decreed the money suit and the claim of plaintiff by his judgment and decree dated 26.8.1987 finding that the evidence proved that defendant no. 1 had taken loan from the plaintiff and even the witnesses of the defendant did not deny this fact and that the khatians of revisional survey (Exts. 3 and 3A) proved that plaintiff and his father had separate lands and the plaintiff had given accommodation loan to defendant no. 1. Accordingly the learned trial court held that the plaintiff was entitled to recover the amount mentioned in the hand note i.e. Rs. 3,672.00 from defendant no. 1.