REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5140 OF 2004
Gurmukh Singh .. Appellant
-versus-
Jaswant Kaur .. Respondent
J U D G M E N T
Markandey Katju, J.
1. This appeal has been filed against the judgment and order dated
11.8.2003 in R.S.A. No.1069 of 2002 of the High Court of Punjab and
Haryana at Chandigarh.
2. Heard learned counsel for the parties and perused the record.
3. The plaintiff-appellant had filed a suit for recovery of
Rs.2,31,000/-. He claimed that the defendant had executed a pronote
and receipt dated 2.5.1994 whereby the defendant had borrowed a sum
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of Rs.1,50,000/- from the plaintiff and agreed to repay the same along
with interest @ 2% per annum on demand. Since the defendant had not
paid the aforesaid amount, the suit was filed.
4. The defendant-respondent contested the suit and denied the
execution of the pronote and receipt in favour of the plaintiff. She
alleged that the aforesaid pronote and receipt were forged and fictitious
documents.
5. The trial court on the basis of evidence found that the pronote and
receipt were executed by the defendant in favour of the plaintiff.
However, the trial court rejected the plaintiff's claim by holding that
the said documents were not duly stamped as required under the
provisions of Indian Stamps Act. It was found by the trial court that the
stamps which were affixed on the pronote were removed from another
document and affixed on the said pronote.
6. The first appellate court and the High Court have agreed with the
view of the trial court. Thus all the three courts below decided against
the appellant.
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7. The findings of the courts below are findings of fact and we
cannot interfere with the same in this appeal. The finding is that the
stamps which have been affixed were removed from other documents,
and hence, it has rightly been said that such a pronote cannot be taken
into consideration.
8. Thus there is no force in this appeal and it is dismissed. No costs.
...................................J.
(Markandey Katju)
...................................J.
(Gyan Sudha Misra)
New Delhi;
April 04, 2011
