DHUP SINGH Vs. PHERU
LAWS(P&H)-2014-1-92
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 09,2014

DHUP SINGH Appellant
VERSUS
Pheru Respondents


Referred Judgements :-

GANGA JAL V. LAL CHAND [REFERRED TO]
ISHWAR DASS JAIN (DEAD) THROUGH LRS V. SOHAN LAL (DEAD) THROUGH LRS [REFERRED TO]
MUKUNDRAM V. DAYARAM [REFERRED TO]
ABDUL HAQ AND ORS. V. FIRM SHIVJI RAM -KHEM CHAND [REFERRED TO]
RECENTLY IN GIAN CHAND BROTHERS AND ANOTHER V. RATTANLAL @ RATTAN SINGH [REFERRED TO]
RANJIT SINGH VS. KARIM BAKSH [REFERRED TO]
SHIV RAM AND PUNNUN RAM V. FAIZ [REFERRED TO]
NANAK CHAND V. FATTU [REFERRED TO]
MAHASAY GANESH PRASAD RAY VS. NARENDRA NATH SEN [REFERRED TO]
CHANDRADHAR GOSWAMI VS. GAUHATI BANK LIMITED [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. V C SHUKLA [REFERRED TO]
SUNIL FULCHAND SHAH VS. UNION OF INDIA [REFERRED TO]
A Santhanna Power of Attorney holder VS. State of Madras [REFERRED TO]
CHIRANJI LAL VS. RAMNATH [REFERRED TO]
RAGHUNATH PRASAD VS. MANGI LAL [REFERRED TO]
HIRALAL-MAHABIR PERSHAD VS. MUTSADDILAL-JUGAL KISHORE [REFERRED TO]



Cited Judgements :-

HAR LAL VS. KANWAR BHAN [LAWS(P&H)-2016-6-34] [REFERRED TO]
HAR LAL VS. KANWAR BHAN [LAWS(P&H)-2016-6-38] [REFERRED TO]


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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