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2018 Supreme(P&H) 1891

HARINDER SINGH SIDHU
Kashmir Chand – Appellant
Versus
Harnam Chand – Respondent


Advocates Appeared:
For the Appellants :S.K. Jain, and Akshay Jain, Advocates

JUDGMENT :

Harinder Singh Sidhu, J.

The defendant has filed this regular second appeal against the judgments of the Courts below, whereby, the suit filed by the respondent for recovery of Rs. 2,54,000/- (Rupees two lacs principal amount and Rs. 54000/- as interest) has been decreed.

2. The plaintiff had filed the suit with the averment that the plaintiff and defendant were residents of village Ahmedpur and were known to each other. On 13.3.2007, the defendant borrowed a sum of Rs. 2 lacs from the plaintiff for urgent need. He agreed to repay the amount along with interest at the rate of 0.75 paisa per month till repayment. The defendant executed a pronote and receipt on 13.3.2007 in the presence of witnesses Satnam Chand son of Chandi Ram, Charan Dass son of Bulla Ram, Bhajan Lal son of Bhinder and Surender Kumar son of Kashmir Chand. The pronote and receipt was scribed by Deen Dayal Deed Writer. The defendant had agreed to repay the amount on demand. However, despite the plaintiff demanding the amount, the defendant was refusing to make payment on one pretext or the other. Hence the suit.

3. The defendant on the other hand pleaded that he had not borrowed any amount from the plaintiff

















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