IMPORTANT POINT
Recovery suit--Bahi entries not proved as per provision of Evidence Act cannot relied upon.

Mahesh Grover, J.

1. By way of the present Regular Second Appeal, the appellantdefendant has prayed for setting aside of judgments and decrees dated 4.10.2002 and 3.9.2004 passed respectively by the Civil Judge (Junior Division), Sirsa (hereinafter described as `the trial Court) and the Additional District Judge, Sirsa (referred to hereinafter as `the First Appellate Court) whereby the suit of the respondent-plaintiff was decreed and his appeal was dismissed.

2. Briefly stated the facts of the case are that the respondent, who is engaged in the business of Commission Agent, filed a suit against the appellant for recovery of Rs. 97,850/- along with interest pendente lite and future at the rate of 2% per month till the date of realisation of the whole amount, on the basis of bahi entries (accounts books). It was pleaded that the appellant had taken a sum of Rs. 56,665/- as advance in cash from the respondent between the period from 8.6.1996 to 31.12.1996 on different dates after putting his signatures in its accounts books. As per the respondent, agricultural produce worth Rs.28743.60 was brought by the appellant on 8.11.1996 and 30.12.1996 for selling the same through it and the said amount was duly credited in his account. It was the further case of the respondent that the appellant had paid another sum of Rs.12872.80 in cash on 2.1.1997, which was also credited to his account. The appellant is said to have settled his account on 3.1.1997 and took a sum of Rs. 27951.40 in cash from the respondent and in this way, a sum of Rs. 43,000/- became due from him for which a bahi entry was made and the same was signed by him. The respondent had averred that from 13.1.1997 to 17.3.1997, the appellant had taken advance amount of Rs. 9900/- from the respondent and signed the accounts books. Again, he, during the period from 7.4.1997 to 30.4.1997, took advance of Rs. 4500/- from the respondent on different dates and entries in the bahi were made to that effect which were duly signed by him. The respondent pleaded that at the time of starting of the dealings, the appellant had agreed to pay interest at the rate of 2% per month on the advance money. In this way, the appellant was stated to have taken a total amount of Rs. 57400/- as advance from the respondent and till 23.12.1999, a sum of Rs. 40,450/- accrued thereon as interest. The respondent gave a legal notice to the appellant to pay the said amounts, but he failed to do so and hence, it filed the instant suit for recovery.

3. In his written statement, the appellant averred that the respondent had no licence to indulge in money lending business and denied that he had ever taken any loan. He further pleaded that bahi entries had been manipulated to take his undue advantage. He denied his signatures on the bahi entries and pleaded that he is a marginal farmer and that he had been selling his produce to the respondent, but had not taken any loan.

4. On the basis of the pleadings of the parties, the following issues were framed by the trial Court :-

1. Whether the plaintiff is entitled to recover the amount of Rs. 97850/- from the defendant on the grounds alleged ? OPP

2. If issue No. 1 is proved, whether the plaintiff is entitled to any interest, if so, from what rate and from what date ? OPP

3. Whether the suit is not maintainable due to non-production of registration of the firm ? OPD

4. Whether the plaintiff firm has no money lending licence ? OPD

5. Relief.

5. The trial Court, on appraisal of the entire evidence on record, decided issue Nos. 1, 2 and 3 in favour of the respondent, whereas issue No.4 was decided in favour of the appellant. Consequently, the suit was decreed for recovery of the aforesaid amount along with interest at the rate of 6% per annum from the date of its filing till realisation.

6. Feeling aggrieved, the appellant filed an appeal which was dismissed by the First Appellate Court and the findings of the trial Court were affirmed.

7. Hence, this appeal.

8. L