FIRM KANIRAM GANGADHARAND ORS. Vs. RAMLAL POONAMCHAND
HIGH COURT OF MADHYA PRADESH
Firm Kaniram Gangadharand Ors.
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Newaskar, J. -
(1.) THIS second appeal is filed on behalf of the Defendant under the following circumstances.
(2.) PLAINTIFF Ramlal filed a suit against the Defendant for recovery of Rs. 2,000/ - on the basis of Hundi dated Agan Badi 3 S.Y. 2003 executed by the latter. The Hundi contained an endorsement on back indicating a repayment of Rs. 1,000/ - on Agan S.Y. 2003. The Hundi was to mature on (sic) Sudi 3 S.Y. 2004. Plaintiff's case is that on the date of maturity the Hundi was presented to the Defendant's (sic). The Defendant under the pretext of examining the same took it up and falsely and surreptitiously put thereon the endorsement referred to above.
(3.) THE defence was that the Defendant has (sic) received Rs. 1,925/ - at the time of the execution of the Hundi as Rs. 75/ - for interest had been deducted in advance. He paid Rs. 1,000/ - on Fagun Badi 4 S.Y. 2003. Besides this Plaintiff had entered into a transaction of gunny bags with Pranjeevan Ambalal. Pranjeevan Ambalal claimed from the Plaintiff margin money. Plaintiff thereupon got the Defendant to accept the Havala for Rs. 928 -12 -0 on Fagan Sudi -5 S.Y. 2003. Pranjeevan Ambalal thereafter recovered this sum from the Defendant. Thus the Defendant had satisfied the entire claim of the Plaintiff.;
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