Dismissed
(O&M) Gurdev Kaur v. Hardev Kaur
Punjab & Haryana HCRSA/1566/1991
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of 1991 -1- IN THE HIGH COURT OF PUNJAB AND…
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of 1991 -1- IN THE HIGH COURT OF PUNJAB AND…
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RSA No. 1566 of 1991
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No. 1566 of 1991 Date of decision: 25.2.2012
Gurdev Kaur @ Dhano
…..Appellant
Vs.
Hardev Kaur
........Respondent
CORAM: HON’BLE MR. JUSTICE HEMANT GUPTA
Present: Mr. Daldeep Singh, Advocate for the appellant.
Mr. Arun Bansal, Advocate for respondent.
Hemant Gupta, J.
Plaintiff filed a suit for recovery of Rs. 6250/- on the ground that the defendant took a loan of Rs. 4500/- from the plaintiff on 12.5.1984 and agreed to pay the same with interest @ 1.5% per annum. A pronote and receipt was executed by the defendant in the presence of the witnesses. But the defendant failed to repay the principal amount or the interest accrued thereon.
Defendant filed a written statement and denied having taken the loan in question. The execution of the pronote and receipt in favour of the plaintiff was also denied. It was pleaded that the pronote and receipt in question are without consideration and that the suit has been filed to harass the defendant.
The learned trial Court decreed the suit along with future interest @ 1% per mensum on the principal amount i.e. Rs. 4500/- w.e.f. 8.5.1987 till the date of realization. Such decree was passed after returning a finding of fact that execution of the pronote and receipt stood duly proved.
RSA No. 1566 of 1991
-2-
The appeal filed against the judgment and decree of the trial Court was dismissed by the learned First Appellate Court.
Both the courts have recorded a finding of fact on the basis of the evidence led in respect of the execution of the pronote and receipt by the appellant-defendant. Such finding of fact does not give rise to any substantial question of law which may warrant interference by this court in the present regular second appeal.
Dismissed.
[HEMANT GUPTA] JUDGE
25.2.2012 preeti
Gurdev Kaur @ Dhano
Hardev Kaur
Hemant Gupta
As recorded by the court registry
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