Augustine George Masih, J. - (1.) Challenge in this appeal is to the judgment and decree dated 17.02.2011 passed by the Additional Civil Judge (Senior Division), Fatehabad, by which the suit filed by the plaintiff for recovery of an amount of Rs. 5,76,370/- which includes Rs. 3,26,719.19 as principal along with interest qua the remaining amount, has been decreed to the extent of the principal amount of Rs. 3,26,719.19 along with interest at the rate of 6% per annum from the date of filing of the suit, appeal against which preferred by the appellants-defendants stands dismissed by the Additional District Judge, Fatehabad, on 15.11.2013.
(2.) It is the contention of learned counsel for the appellants that the two entries Exhibits P-7 and P-73, which have been primarily relied upon by the Courts below for decreeing the suit of the plaintiff, are not admissible in evidence as they cannot be treated as an acknowledgement of the debt. He contends that the signatures on the two bahi entries were specifically denied by the appellants-defendants and in the absence of any expert evidence proving the signatures of the appellants-defendants, the findings as recorded by the Courts below cannot be sustained.
(3.) Assertion has also been made that a counter claim was put up by the appellants-defendants but was forced to withdraw the same as it has been stated by the respondents that the said records were not available with them being not traceable and lost. He contends that the adverse inference, as has been drawn by the Courts below because of the withdrawal of the counter claim as filed, is totally unjustified and uncalled for and the findings, thus, recorded by the Courts below cannot sustain and deserve to be set aside. Assertion has been made that the entries in the bahi khata are manipulated and shown in an exaggerated form which cannot be relied upon for accepting the claim of the plaintiff and decreeing the suit. Prayer has, thus, been made for setting aside the impugned judgments and decree passed by the Courts below and for dismissal of the suit of the respondents plaintiffs.;