Sureshwar Thakur, J.

1. The plaintiff had instituted a suit before the learned trial Court for a recovery of Rs. 1,64,145/- from the defendant/appellant herein. The suit of the plaintiff stood decreed by the learned trial Court and in an appeal carried therefrom before the learned First Appellate Court, the latter Court modified the verdict recorded by the learned trial Court. Standing aggrieved therefrom, the defendant/appellant herein has instituted the instant appeal here-before.

2. Briefly stated the facts of the case are that the plaintiff is working as an Agent of M/s BHS Fruit Commission Agency, Delhi. It is averred that On 22nd October, 2001, after settling the amounts with the defendant, the defendant acknowledged his having received an amount of Rs. 1,09.430/- from the plaintiff and duly acknowledged the same by signing the ledger. It is averred that the defendant also agreed to pay 5% interest on the amount till the final payment of the amount. It is averred that the defendant again acknowledged the liability on August 22, 2002 and an amount of Rs. 1,64,145/- had become due against the defendant. However, the defendant did not care to pay the amount to the plaint