R.S.A.No. 93 of 2011 (O&M)

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In the High Court of Punjab and Haryana at Chandigarh

R.S.A.No. 93 of 2011 (O&M)

Date of decision: 12.1.2011

Ram Mehar

......Appellant

Versus

Rameshwar Dass and another

.......Respondents

CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr.S.S.Duhan, Advocate,

for the appellant.

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SABINA, J.

Plaintiffs had filed suit for recovery against the defendant.

The case of the plaintiffs, in brief, was that plaintiff No.1 was the sole

proprietor of plaintiff No.2 and regular account books were

maintained by the firm. Defendant used to sell his food grains at the

commission agency of the plaintiffs. On 29.4.2003, defendant took a

loan of ` 2,00,000/- from the plaintiffs and agreed to repay the same

along with interest @ 2% per annum. A bahi entry was duly

executed by the defendant in his own hand in this regard. Entry was

also made in the cash book and ledger by the plaintiff firm. On

R.S.A.No. 93 of 2011 (O&M)

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16.6.2003, defendant again took loan of ` 11,000/- from the plaintiffs

for repair of his tractor. Due entries were made in bahi, cash book

and ledger maintained by the plaintiffs firm.