G S ABDUL RAHIMAN Vs. H R VENKATAKRISHNAYA

JUDGEMENT

(1.) This is plaintiff's second appeal.

(2.) He had filed an original suit-OS No. 2 of 1971 in the Court of the Prl. Munsiff, Chickmagalur, against the respondent (defendant therein). The suit was to recover a sum of Rs. 4,000 consisting of the principal sum of Rs. 3,519-50 and interest of Rs.480-50 from the defendant. On the said suit having been dismissed, he preferred an appeal to the Civil Judge, Chickmagalur, in RA No. 100 of 1973 challenging therein unsuccessfully the judgment and decree dt. 23-7-1973 of the learned Munsiff. This appeal is directed against the judgment and decree of the Civil Judge dated 19-10-1974.

(3.) In his written statement the defendant admitted all the averments made in para 2 of the plaint, except the averment made therein that he, the defendant, was a money lender. He admitted about the plaintiff having created a lien in his favour over the coffee dividends and pool payments re: the plaintiff's coffee crop of the season 1962-63. But he further pleaded that he had not retained the lien, and that in the circumstances as narrated by him in his written statement at para 2, he had surrendered the lien in favour of the Syndicate Bank. Re. the plaintiff's claim to obtain the discharging of MCM Ltd.'s loan the defendant stated thus at para 4 of his written statement :