HEMANT GUPTA, J. - (1.) THE defendant is in second appeal aggrieved against the judgment and decree passed by the learned Courts below whereby suit filed by the plaintiff for recovery of Rs. 63,477.06 i.e. Rs. 53,073.06 as principal amount and Rs. 10,405/- interest upto 31.08.1997, was decreed.
(2.) THE suit of the plaintiff is based upon the entries in the account books whereby it was pointed out that the balance struck and found payable on 28.11.1996 was Rs. 53,072.06. The defendant is an agriculturist and the plaintiff is a Commission Agent. The defendant used to sell his agricultural produce at the shop of the plaintiff firm. The dispute between the parties pertains to entry Exhibit P-19 for Rs. 80,000/- dated 1.11.1996. Vide the aforesaid entry, as per plaintiff, Rs. 80,000/- was borrowed by the defendant but was paid to his brother Sher Singh. Sher Singh has signed the account book acknowledging the receipt of the said amount. It was the stand of the defendant-appellant that Sher Singh is living separately from the defendant and the said amount of Rs. 80,000/- was not borrowed by the defendant and that Sher Singh has not received the said amount from the shop of the plaintiff and on behalf of the defendant.
(3.) BOTH the Courts below have not believed the said stand of the defendant and found that vide acknowledgment dated 13.11.1996, Exhibit P-13, the plaintiff has found that a sum of Rs. 28,072.06 is due and payable. After taking into consideration the subsequent transactions, it was found that the principal amount due is Rs. 53,072.06.;