GURCHARAN SINGH Vs. S MOTI RAM

JUDGEMENT

(1.) This appeal has been filed by the defendant against the judgment and decree of the appellate Court by which the plaintiff's suit of Rs. 4760/- has been decreed with costs of both the Courts.

(2.) Moti Ram, plaintiff, filed a suit for the recovery of Rs. 4760/- on the basis of pronote Exhibit P-1 dated 7.7.1973. It was averred in the plaint that on 7.7.1973 the appellant took a loan of Rs. 3500/- from him and agreed to pay interest at the rate of 1% per mensem. In token of acceptance of loan amount, receipt Exhibit P-2 was also executed by the appellant. The suit was contested by the appellant denying the execution of the pronote. It was also averred in the written statement that no consideration in lieu of pronote had passed. On the basis of rival contentions of the parties, the following issues were framed :

(3.) In this appeal which has been instituted by the defendant, it has been vehemently argued by Shri Amarjit Markan, learned counsel for the appellant that the appellate Court has committed legal error inasmuch as it has taken into consideration the land which was owned by the father of the appellant.