RSA No.1575 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.1575 of 2008 Date of Decision:15.04.2009 Ashok Kumar ....appellant Versus Kunda Singh .....respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG Present: Mr.Vikas Mohan Gupta,Advocate for the appellant Mr.K.K.Garg, Advocate for the respondent **** RAKESH KUMAR GARG J. This is defendant's second appeal challenging the judgment and decrees of the Courts below whereby suit of the plaintiff-respondent for recovery of Rs.2 lacs with interest has been decreed. As per the pleadings of the parties, the appellant borrowed a sum of Rs.2 lacs and in lieu of that executed the pronote and receipt in favour of the plaintiff-respondent. The defendant repaid only a sum of Rs.18,000/- on 29.12.2002 and himself wrote a receipt on the back of the pronote regarding payment of Rs.18,000/- which was thumbmarked by the plaintiff-respondent. Since, no other amount was paid by the defendant-appellant, the present suit was filed by the plaintiff-respondent. The suit was contested by the appellant by filing written statement. Execution of the pronote and receipt in question was not disputed. A definite stand was taken by the appellant that in fact on 29.12.2002 the defendant/appellant paid back a sum of Rs.1,80,000/- to the plaintiff-respondent RSA No.1575 of 2008 2 and a writing was made on the back of the photo copy of the pronote and receipt which was in his possession. The trial Court below on appreciation of evidence recorded a finding that the material on record indicates that only a sum of Rs.18,000/- was repaid by the defendant to the plaintiff on 29.12.2002 and decreed the suit of the plaintiff-respondent as stated above. The appellate Court dismissed the suit with partial modifiation with regard to interest at the rate of 6% per annum. Not satisfied with the judgment and decrees of the Courts below the appellant has filed this appeal. I have heard learned counsel for the parties. The only controversy to be adjudicated in the present case is as to whether on 29.12.2002 the appellant had paid a sum of Rs.18,000 or Rs.1,80,000/- to the plaintiff- respondent. The Courts below on appreciation of evidence recorded a finding of fact against the appellant. Learned counsel appearing on behalf of the appellant was unable to show any material on the record to challenge the aforesaid findings of the Courts below. Thus, I find no merit in this appeal. No substantial question of law arises . Dismissed. (RAKESH KUMAR GARG) JUDGE 15.04.2009 neenu