Judgment Writing for Civil Law-5

Question 1: Suit for Recovery of Money on Promissory Note (Inspired by Loan Dispute with Denial of Execution)

Writing of Judgment (Name of Court alone to be indicated. Other details in the cause title not required)

Plaintiff P lent Rs. 15 lakhs to Defendant D on 05.03.2019, evidenced by a promissory note (pro-note) payable on demand with 12% interest. D promised repayment within 2 years but defaulted. P sent demand notice in April 2021; no response. P filed suit in June 2021 for recovery of principal Rs. 15 lakhs + interest Rs. 4.2 lakhs (till suit date), under Section 37 of the Negotiable Instruments Act, 1881, and Order XXXVII CPC (summary suit).

Defendant D filed written statement denying execution of pro-note, alleging forgery and no loan received. He contended the suit not maintainable as summary procedure, pleaded set-off for Rs. 2 lakhs allegedly owed by P. Issues framed after leave to defend granted conditionally, trial held.

Plaintiff P as PW1 deposed about loan, execution of pro-note (Ext. P1), and bank transfer (Ext. P2: statement showing Rs. 15 lakhs credit to D). In cross-examination, denied forgery.

PW2, attesting witness, confirmed D's signature on Ext. P1.

Defendant D as DW1 deposed denial, exhibited handwriting expert report (Ext. D1) claiming mismatch. In cross-examination, admitted receiving Rs. 15 lakhs but claimed as gift, not loan.

No other evidence; forensic report (court-appointed, Ext. P3) confirmed genuine signature.

Frame issues on the basis of the above pleadings and draft judgment.

Answer:
Framed Issues:

Based on the pleadings, the following issues are framed for adjudication:

1. Whether the defendant executed the promissory note dated 05.03.2019 for Rs. 15 lakhs?

2. Whether the promissory note is forged, and if so, is the suit liable to be dismissed?

3. Whether the plaintiff is entitled to recover the principal and interest under the Negotiable Instruments Act, 1881?

4. Whether the defendant is entitled to set-off of Rs. 2 lakhs?

5. Whether the suit is maintainable as a summary suit under Order XXXVII CPC?

6. To what relief, if any, is the plaintiff entitled?

Draft Judgment:

In the Court of the District Judge
Judgment:

1. Introduction and Facts of the Case:

   • Suit for recovery on promissory note (Ext. P1) for Rs. 15 lakhs + interest at 12%.

   • Plaintiff claims loan via bank transfer (Ext. P2); demand notice ignored. Suit as summary under Order XXXVII.

   • Defendant denies execution, alleges forgery; set-off claimed. Leave to defend granted; forensic expert appointed.

2. Evidence Summary:

   • Plaintiff's Side:

     • PW1 (Plaintiff): Affirmed loan, execution; Ext. P1 (pro-note), Ext. P2 (bank proof). Cross upheld.

     • PW2 (Witness): Saw signing; identified D's signature.

   • Defendant's Side:

     • DW1 (Defendant): Denied; Ext. D1 (private expert report). Admitted receipt but as gift.

   • Court Forensic Report (Ext. P3): Signature genuine, no forgery.

3. Discussion on Issues:

   • Issue 1: Execution of Pro-Note

     • Ext. P1 bears D's signature; PW2 corroborates. Bank transfer (Ext. P2) proves consideration. Ext. P3 confirms authenticity. Executed validly (Section 118, NI Act presumption).

   • Issue 2: Forgery Allegation

     • Burden on defendant; Ext. D1 unreliable (private, biased). Ext. P3 overrides; admission of receipt negates forgery. Dismissed (AIR 2001 SC 4316, K.A. Abbas vs. K.V. Sabha).

   • Issue 3: Entitlement to Recovery

     • Valid instrument; default established. Interest at 12% calculable (Rs. 4.2 lakhs till suit + post-suit). Entitled under Sections 37, 79 NI Act.

   • Issue 4: Set-Off

     • No proof (no documents); unrelated to loan. Rejected (Order VIII Rule 6).

   • Issue 5: Maintainability as Summary Suit

     • Pro-note qualifies (Order XXXVII Rule 2); leave granted, but trial confirms claim. Maintainable.

   • Issue 6: Relief

     • Decree for Rs. 19.2 lakhs + 12% pendent lite interest.

4. Decree:

   • Suit decreed. Defendant to pay Rs. 19.2 lakhs with 12% interest from suit date till realization.

   • Costs to plaintiff.

   • Executable under Order XXI CPC.

Pronounced in open court this day.
Sd/-
District Judge

Question 2: Suit for Ejectment and Arrears of Rent (Inspired by Tenancy Dispute with Sub-Letting Allegations)

Writing of Judgment (Name of Court alone to be indicated. Other details in the cause title not required)

Plaintiff Landlord L leased a shop to Tenant T on 01.01.2018 for 5 years at Rs. 20,000 monthly rent, under registered lease deed prohibiting sub-letting. T paid rent till December 2021 but defaulted thereafter. L discovered sub-letting to S in 2022 without consent. L served eviction notice in March 2022 under Section 106 of Transfer of Property Act, 1882, demanding vacation and arrears Rs. 1.2 lakhs (6 months). T refused. L filed suit in May 2022 for ejectment, arrears, and mesne profits at Rs. 25,000/month from notice date.

Defendant T filed written statement admitting tenancy but denying default (claimed payments via cash, no receipts), sub-letting (claimed S as employee). Pleaded hardship and protection under local Rent Control Act. Issues framed, trial with site visit.

Plaintiff L as PW1 deposed about lease (Ext. P1), notice (Ext. P2), bank records showing no payments post-2021. In cross, denied cash receipts.

PW2, a neighbor, saw S running shop independently.

Commissioner's report (Ext. P3) confirmed S in possession, no T present.

Defendant T as DW1 deposed cash payments, S as helper. No receipts; in cross, admitted S pays him.

DW2 (S) claimed employment but no contract shown.

Frame issues on the basis of the above pleadings and draft judgment.

Answer:
Framed Issues:
Based on the pleadings, the following issues are framed for adjudication:

1. Whether the defendant defaulted in rent payment and sub-let the premises without consent, warranting eviction?

2. Whether the defendant is protected under the Rent Control Act, and if hardship plea is valid?

3. Whether the plaintiff is entitled to arrears of rent and mesne profits?

4. Whether the notice under Section 106 TP Act is valid?

5. To what relief, if any, is the plaintiff entitled?

Draft Judgment:

In the Court of the Rent Controller
Judgment:

1. Introduction and Facts of the Case:

   • Suit for ejectment, arrears Rs. 1.2 lakhs, and mesne profits from shop leased vide Ext. P1.

   • Grounds: Rent default post-2021, sub-letting to S. Notice (Ext. P2) served; suit May 2022.

   • Defendant denies, claims payments and no sub-let; seeks protection.

2. Evidence Summary:

   • Plaintiff's Side:

     • PW1 (Plaintiff): Proved default via bank (no transfers), sub-let via observations. Ext. P1, P2.

     • PW2 (Neighbor): Confirmed S's independent operation.

   • Defendant's Side:

     • DW1 (Defendant): Alleged cash; no proof. Admitted S's role.

     • DW2 (S): Vague employment claim.

   • Commissioner's Report (Ext. P3): S in exclusive control; sub-let established.

3. Discussion on Issues:

   • Issue 1: Default and Sub-Letting

     • No receipts for cash; bank proves default (Section 114 Evidence Act presumption). Ext. P3, PW2 prove sub-let (prohibited clause 8, Ext. P1). Grounds under Section 108(j) TP Act.

   • Issue 2: Rent Control Protection and Hardship

     • Local Act requires bona fide need or default/sub-let. No protection as breaches proven; hardship not pleaded with evidence (mere assertion insufficient, AIR 1999 SC 3084, Ram Narain Arora vs. Asha Rani).

   • Issue 3: Arrears and Mesne Profits

     • Arrears Rs. 1.2 lakhs due; mesne at Rs. 25,000/month reasonable (market rate evidence unchallenged, Order XX Rule 12 CPC).

   • Issue 4: Validity of Notice

     • Ext. P2 complies with Section 106: 15 days, clear grounds. Valid.

   • Issue 5: Relief

     • Ejectment and payments decreed.

4. Decree:

   • Defendant directed to vacate within 3 months and pay arrears Rs. 1.2 lakhs + mesne profits Rs. 25,000/month from March 2022 till handover, with 9% interest.

   • Costs to plaintiff.

   • Executable under relevant provisions.

Pronounced in open court this day.
Sd/-
Rent Controller