L .N.MITTAL,J. - (1.) Defendant Nachhattar Singh has filed this econd appeal, having remained unsuccessful in both the lower courts. Respondent-plaintiff M/s Darshan Kumar Rajiv Kumar Commission Agents, Grain Market, Samrala, through its partner Raman Kumar, filed suit against the appellant-defendant for recovery of र 2,39,240/- alleging that the plaintiff is commission agent and the defendant is an agriculturist. Defendant used to sell his agricultural produce through the plaintiff. The plaintiff used to advance money to the defendant.
(2.) The defendant borrowed र 1.00 lac by way of cheque on 30.11.2000 and another amount of र 1.00 lac by cheque on 10.5.2002. Defendant also borrowed some other odd amounts from the plaintiff from time to time. Defendant sold crops on three occasions. After adjusting the sale proceeds of the crops, principal amount of र 1,71,589.19 remained due from the defendant to the plaintiff. The plaintiff also claimed interest thereon as per market usage and custom @ 18% per annum, amounting to र 67,650.81. The defendant admitted that he had been selling his crops at the shop of the plaintiff-commission agent. The defendant, however, broadly denied the other plaint averments. The defendant pleaded that loan was never advanced to him by the plaintiff. On the contrary, the defendant had been selling his crops at the shop of the plaintiff and the plaintiff never paid even a single penny. The defendant also pleaded that he had sold two shops to Omwati vide registered sale deeds dated 25.7.2002 for र 8.00 lacs although the sale consideration was recited to be र 1.50 lacs, i.e., र 75,000/- per shop. The sale deeds were executed pursuant to compromise effected in the presence of Hari Chand whereby the entire amount of the plaintiff as well as of Omwati and Surjit Singh, through whom also suits had been got filed by the plaintiff, was settled. The defendant, thus, pleaded that nothing remained due from him to the plaintiff.
(3.) Learned Additional Civil Judge (Senior Division), Samrala vide judgment and decree dated 27.4.2010 decreed the plaintiff's suit for recovery of principal amount of र 1,71,589.19 along with interest for presuit period @ 12% per annum and pendente lite and future interest @ 6% per annum. First appeal preferred by the defendant has been dismissed by learned Additional District Judge, Ludhiana vide judgment and decree dated 22.11.2010. Feeling still dissatisfied, the defendant has filed this second appeal.;