IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Regular Second Appeal No.2154 of 2007

Date of decision: 21^st October, 2008

Harchand Singh

… Appellant

Versus

Surjit Singh

… Respondent

CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Present: Mr. R.K. Shukla, Advocate for the Appellant.

KANWALJIT SINGH AHLUWALIA, J. (ORAL)

This is the second appeal filed by Harchand Singh, defendant

to the suit. Surjit Singh plaintiff instituted a suit for the recovery of

Rs.17,160/- as interest/ damages for the period from 17^th September, 2001

to 16^th August, 2002. It was the case of the plaintiff that a mortgage deed

dated 17^th September, 2001 was executed by the defendant for a

consideration of Rs.1.00 lac. It was agreed between the parties that the

possession of the land will remain with the defendant and he shall pay

interest at the rate of 1.56 percent per month to the plaintiff – respondent. It

was further stated in the suit that despite various requests made, defendant

– appellant had not paid the interest, hence the suit was filed.

Notice was issued. Written statement was filed. Preliminary

objection regarding maintainability of the suit, cause of ac