B.N.BASH
TARA CHAND BOID – Appellant
Versus
SHIKAM CHAND BHORA – Respondent
( 1 ) THIS appeal by the plaintiff is against the confirming decree in a suit for permanent injunction restraining the defendant from interfering, with the plaintiff's possession of a truck.
( 2 ) SHORTLY stated, the plaintiff's case is that on 26-9-1973 he purchased the truck bearing, No. A. P. S. 2707 corresponding to the registration No. O. R. K. 3031 of the erstwhile district of Koraput in Orissa for a sum of Rs. 71,267. 56 from M/s. Ramadas Motor Transport (Private) Limited, Kakinada in the State of Andhra Pradesh. As he had no sufficient fund, he approached the defendant who is a Financier and Professional Money Lender to advance him loan for the purchase of the said truck and the defendant advance a sum of Rs. 60,000/ - charging Rs. 15, 400/- towards interest. The entire amount of Rs. 75,400/- was agreed to be liquidated in thirty monthly instalment of Rs. 2,600/ -, the first instalment commencing from 26-11-1973. The defendant took the signature of the plaintiff in some blank documents and retained them with him. As per the agreement, although the plaintiff paid all the instalments, he received a notice from the defendant on 1-10-1976 calling, upon him to pay a sum of Rs.
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