PRAKASH MATHUR Vs. RAM MURTI MISHRA

JUDGEMENT

(1.) THIS is defendant's second appeal under section 100 of the Code of Civil Procedure against the concurrent judgment and decree dated 21/7/2009 passed by Additional district Judge No. 1, Bharatpur in Regular Civil Appeal No. 1/2007 whereby he affirmed the judgment and decree dated 6/11/2006 passed by Additional Civil Judge (Senior Division) No. 2, bharatpur by which suit of the respondent-plaintiff for recovery of money along with interest has been decreed.

(2.) HEARD learned counsel for the appellant on the point of admission and perused the judgments of the courts below.

(3.) THE case of the plaintiff is that the defendant borrowed a loan of Rs. 25,000/- from the plaintiff on 26/7/1997 at the interest rate of 24% per annum with the stipulation to repay the said amount within a period of three months and to this effect the defendant also executed an agreement on the stamp paper of Rs. 5/- in the present of the witnesses but after lapse of the stipulated period the defendant did not repay the loan. The defendant while admitting the fact that a sum of rs. 25,000/- was advanced to him by the plaintiff having executed the agreement, came out with a case that the loan amount of Rs. 25,000/- advanced to the defendant has been adjusted against the consideration of plot of land which was sold by the defendant to the plaintiff on 30/5/2000.