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1996 Supreme(Kar) 381

M.F.SALDANHA
VITTALSA OMKARSA SIDDLING – Appellant
Versus
BHIMASA NAGENDRASA PAWAR – Respondent


M. F. SALDANHA, J.

( 1 ) THESE revisions arise out of a common order passed by the court of Small Causes in respect of two suits between the same parties where the evidence was common. It is undisputed that the two amounts of Rs. 2,000/- each were borrowed from the plaintiff on 10-10-1987 and 21-10-1987. It is important to record that the wife of the plaintiff and the wife of the defendant are sisters. The parties are closely related and it is contended that the amount was basically a hand loan. The amount not having been repaid, the plaintiff sent a notice to the defendant which was not replied whereupon he filed two suits for the recovery of the amount along with interest. The learned trial Judge after recording evidence and hearing the parties took note of one particular aspect of the defence. This is a case in which the defendant admitted that the two loans of Rs. 2,000/- each were received by him. He submits that he has repaid the loan under the instructions of the plaintiff who asked him to open a pigmy deposit with the K. C. C. Bank at Gadag in the name of Smt. Renuka who was his wife and to deposit the amount in instalments which the defendant had done. The defendant has tak







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