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2017 Supreme(P&H) 1542

ANIL KSHETARPAL
Inderjeet Singh – Appellant
Versus
Jai Kishan Dass Karori Mal – Respondent


Advocates Appeared:
For the Appellants : Mr. S.S. Momi

JUDGMENT :

ANIL KSHETARPAL, J.

C.M.No.14233-C of 2015

Allowed as prayed for.

RSA No.5763 of 2015

1. Defendants-appellants have filed the present appeal against concurrent findings of fact arrived at by the Courts below.

2. Plaintiffs filed a suit for recovery of Rs.6,50,000/- on the basis of 'bahi' (account books) entries. It was noticed by the Courts that there are different entries with respect to lending of money in the regular books of account. All the entries are signed by defendant No.1 or his father.

3. In defence, defendants pleaded that their father Jaspal Singh never took any loan more than Rs.10,000/- at one time from the plaintiffs-firm. It was further denied by the defendants that Jaspal Singh cleared the accounts in November, 2006. It was denied that father of the defendants ever took advance of Rs.4,50,000/-. In evidence, the plaintiffs produced copies of the account books from Ex.P1 to Ex.P21. Plaintiffs also produced notice demanding the amount and reply sent on behalf of defendants. Plaintiff No.2 himself stepped into the witness box as PW1 and stated that the books of account are under his hand. Defendant no.1 appeared as DW1 and tendered notice, school certificate and









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