High Court Punjab-Haryana High Court

Sadhu Singh vs Sukhdev Singh on 4 November, 2008

Punjab-Haryana High Court
Sadhu Singh vs Sukhdev Singh on 4 November, 2008
R.S.A.No.186 of 2008                                       -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                              R.S.A.No.186 of 2008

                                              Date of Decision: 4.11.2008


Sadhu Singh                                                .....Appellant

                                 versus


Sukhdev Singh                                              .....Respondent


CORAM:       HON'BLE MR.JUSTICE AJAY KUMAR MITTAL.


Present:     Mr.Gaurav Sharma, Advocate for the appellant.

             Mr. K.K. Garg, Advocate for the respondent.

                          ****

AJAY KUMAR MITTAL, J.

The present regular second appeal filed by the defendant is

directed against the judgment and decree dated 2.11.2007 passed by

the lower appellate Court vide which the appeal filed by him against the

judgment and decree dated 8.11.2005 passed by the trial court

decreeing the suit of the plaintiff for recovery of Rs.1,77,000/- along with

interest at the rate of 9% per annum from the date of execution of

pronote and receipt, i.e. 27.12.2000 till the date of realization, was

partially modified to the extent that the plaintiff was entitled to the

recovery of Rs.1,77,000/- along with interest at the rate of 9% per

annum from the date of execution of the promissory note, i.e.

27.12.2000 till the date of institution of the suit and at the rate of 6% per

annum from the date of institution till realization.

On 27.12.2000, the defendant borrowed a sum of
R.S.A.No.186 of 2008 -2-

Rs.1,77,000/- on interest @ 2% per month from the plaintiff and

executed a pronote and receipt therefor in his favour. The defendant

having failed to repay the borrowed amount, the plaintiff filed a suit for

recovery of Rs.2,40,000/-.

The defendant controverted the averments made in the

plaint by filing a written statement and raising various preliminary

objections therein. It was pleaded that the defendant neither took the

loan from the plaintiff nor executed any pronote and receipt therefor in

his favour, whereas, on the other hand the defendant had taken the

land of the plaintiff on lease and settled all the accounts in that regard

but the plaintiff obtained his signatures on some blank papers which

were later on converted into the pronote and receipt. Thus, the pronote

and receipt were forged and fabricated documents. The other

averments made in the plaint were denied and a prayer for dismissal of

the suit was made.

From the pleadings of the parties, the trial Court framed

various issues and on appreciation of the oral as well as the

documentary evidence, decreed the suit of the plaintiff for recovery of

Rs.1,77,000/- along with interest at the rate of 9% per annum from the

date of execution of the pronote, i.e. 27.12.2000, till the date of

realization. Feeling aggrieved, the defendant took the matter in appeal

and the lower appellate Court vide judgment and decree dated

2.11.2007 modified that of the trial court to the extent that the plaintiff

was entitled to the recovery of Rs.1,77,000/- along with interest at the

rate of 9% per annum from the date of execution of the promissory note,

i.e. 27.12.2000, till the date of institution of the suit and at the rate of 6%
R.S.A.No.186 of 2008 -3-

per annum from the date of institution till realization. Except the above

mentioned modification with regard to the claim of interest, the appeal

was dismissed by the lower appellate court.

I have heard learned counsel for the parties and perused

the impugned judgments with their assistance.

Learned counsel for the appellant has made efforts to

persuade this Court to come to a different conclusion than that of the

Courts below but could not show any material on the basis of which it

could be held that the concurrent findings of fact recorded by the Courts

below suffer from any mis-reading or mis-appreciation of evidence

which may warrant interference by this Court in the regular second

appeal. The Courts below had concurrently held that execution of the

pronote, Exhibit P1, and the receipt, Exhibit P2, had been duly proved

by the plaintiff by examining the attesting witness of the pronote and

receipt. Moreover, admission of his signatures on the said documents

by the defendant lent support to the case of the plaintiff. Neither the

interest which had been awarded is excessive nor the findings which

had been recorded regarding the debt for the recovery of which, the suit

had been decreed, are erroneous and, therefore, no error could be

found in the findings recorded by the courts below.

No question of law much less a substantial question of law

arises in this appeal for consideration of this Court.

In view of what has been stated above, the present appeal

fails and the same is hereby dismissed with no order as to costs.

November 4, 2008                             (AJAY KUMAR MITTAL)
gbs                                                JUDGE