AVNEESH JHINGAN
Manjit Singh – Appellant
Versus
Yashpal, Sole Proprietor of M/s Yash Pal Ravinder Nath Commission Agent, Kurukshetra – Respondent
Avneesh Jhingan, J.
The present regular second appeal is at behest of the defendant being aggrieved of the concurrent judgments and decrees passed by the Learned Courts below decreeing the suit filed by the plaintiff for recovery of Rs.2,03,300/- plus interest.
2. The parties for the sake of convenience are being referred to as per their status in the original suit.
3. The facts giving rise to the present litigation are that the plaintiff is the Sole Proprietor of M/s Yash Pal Ravinder Nath, Commission Agent, Shop No. 60, Anaj Mandi, Kurukshetra. The defendant was a customer of the plaintiff and there was a farmer and commission agent relationship between them. The defendant being a customer of the plaintiff used to take advance money from the plaintiff. The defendant had three acres of agricultural land and used to cultivate the land on lease also. It was averred that on 8.12.2005, defendant took an advance of Rs.1,19,000/- and acknowledged this amount by signing in English on the said entry in rojnamcha of the plaintiff. The defendant also wrote the said amount in words in Hindi in his own handwriting. On 29.4.2008 another amount of Rs.1000/- was borrowed by the defendant.
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