JUDGEMENT
PARAMJEET SINGH, J. -
(1.)THIS second appeal arises from a suit for recovery of Rs.
11,000/ - filed by plaintiff -Dhup Singh on account of 'bahi' entries made by father of defendants' for taking a loan of Rs. 6,300/ - which was decreed
by the Court of first instance and appeal preferred by defendants no.1 to
3 has been accepted by the lower Appellate Court and judgment and decree of the Court of first instance have been set aside.
(2.)THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the
brief facts relevant for disposal of this regular second appeal are that
plaintiff -Dhup Singh approached the Court of first instance seeking a
decree for recovery of Rs. 11,000/ - on the allegations that on miti Jyesth
Sudi 13, Samwat 2032, Rehamu alias Rama Nand, father of the
defendants, borrowed a sum of Rs. 6,300/ - from him and executed a 'bahi'
entry in this regard after appending his signatures in Urdu script.
Thereafter on miti Jyesth Sudi 13, Samwat 2035 corresponding to 19.06.1978, Rehamu @ Ramanand got his account settled with the plaintiff admitting that a sum of Rs. 8,100/ - (Rs. 6300/ - as principal amount
and Rs. 1800/ - as interest) was due against him. Thereafter, three 'bahi'
entries of Rs. 2,700/ - each were executed by Rehamu @ Ramanand in
favour of the plaintiff and he also agreed to pay interest @ 1% per
mensem. Since Rehamu @ Ramanand died and defendants inherited his
estate being his heirs, they are liable to pay the aforesaid amount of
Rs. 11,000/ - (principal amount as well as interest).
(3.)UPON notice, defendants no.1 to 3 put in appearance and filed written statement denying all the averments made in the plaint. It was
pleaded that neither Rehamu had taken any loan from the plaintiff, nor
executed any 'bahi' entry agreeing to pay three installments of Rs. 2700/ -
each. It was, inter alia, pleaded that the suit was not within time, 'bahi'
entries of the plaintiff were fabricated.
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