B.N. PATHAK Vs. BALDEV SHARMA

JUDGEMENT

(1.) THIS is defendant's Civil 1st Appeal against judgment of learned First Additional District Judge, Jammu who vide his judgment dated 28.2.2003 decreed the suit of the plaintiff -respondent for recovery of Rs. 1,09,000/ - with 9 % p.a. interest till realization.

(2.) THE case set up by the plaintiff -respondent in the plaint is that defendant, appellant approached him in the year 1985 for advancement of loan of Rs. 50,000/ - and promised to repay the same along with interest @ 18% per annum. The plaintiff advanced the loan amount to defendant at Jammu and defendant acknowledged the same vide his letter dated 17.10.1985 addressed to the plaintiff. The plaintiff repeatedly demanded his money back but the defendant refused to pay, hence the suit was filed.

(3.) ON the pleadings of the parties, following issues were framed: