B B LOHAR Vs. PREM PRAKASH GOYAL

JUDGEMENT

(1.) This is an appeal against the judgment and decree passed on 31-7-1996 by Shri T. D. Rinzing, District Judge, South and West in Civil 1st Appeal No. 2 of 1993 arising out (of) judgment and decree passed on 4-9-1993 by Mrs. M. Rai, Civil Judge, East in Civil Suit No. 9 of 1985.

(2.) The fact, in short, is that the Plaintiff gave a loan of Rs. 5,000/- on 12-2-1981 to the Defendant. A document was signed by the Defendant to that effect and it was agreed upon that the Defendant would reply the amount within a month therefrom. As the Defendant neglected to repay any amount within the stipulated period in spite of repeated verbal requests the plaintiff sent a letter of request or demand by registered post. This also could not fetch any result and, therefore, the Plaintiff sent a notice through his lawyer on 7-11-1984 demanding principal amount with interest thereon.

(3.) In the written statement the Defendant refuted the contention of the plaintiff. The case of the Defendant is that the Plaintiff himself took a loan of Rs. 7,000/- on 11-6-1980 from the Defendant. Out of the said amount a sum of Rs. 5000/- was repaid on 12-2-1981 leaving a balance of Rs. 2000/-. As the plaintiff insisted upon, the Defendant executed a receipt acknowledging receipt of Rs. 5000/- to the Plaintiff.