Receipt of amount of Rs.1,25,000/- by defendants from plaintiff through two cheques as alleged by the plaintiff, is not disputed even by the defendants. However, the defendants alleged that the said amount was paid by plaintiff to defendants as repayment of part amount out of Rs.5,00,000/- alleged to have been paid by the defendants to plaintiff's uncle and aunt. The defendants have, however, miserably failed to prove their said version. There is only sole self-serving bald oral statement of Tarlok Singh-defendant No.1 in support of the said version, in addition to FIR and chargesheet got proved by examining Ahlmad of the Court. However, in the said FIR lodged by defendant No.1, plaintiff is not even an accused. Only plaintiff's uncle and aunt are facing trial in that case. The plaintiff paid the amount of Rs.1,25,000/- to the defendants and is, therefore, entitled to recover the same. Defendants have failed to prove that they had paid Rs.5,00,000/- to plaintiff's uncle and aunt. No document in this regard has been produced in evidence by defendants to prove payment of said amount to plaintiff's uncle and aunt. Moreover, defendants have not taken steps to seek recovery of the alleged balance amount of Rs.3,75,000/- from the plaintiff or his uncle and aunt. There is also no averment regarding different dates and amounts allegedly paid by defendants to plaintiff's uncle and aunt. Sole self-serving statement of defendant No.1 is not sufficient to prove the version of the defendants. The suit of the plaintiff has, thus, been rightly decreed by the Courts below because payment of Rs.1,25,000/- by the plaintiff to defendants stands admitted as well as stands proved.
