S SANNAPPA Vs. BADA KENCHAPPA

JUDGEMENT

(1.) The plaintiff in O.S.31/1975 before the Munsiff, Hosadurga is the appellant in this second appeal and he lost his suit for the recovery of loan advanced by him to the defendant, in both the courts below. The original suit was for recovery of Rs.3000/- being the principal amount lent by him to the defendant on a pronote dated 3.2.1972 with interest at Rs.180/- at 10% per annum till the date of suit."

(2.) The defendant denied the execution as well as consideration under the pronote and further contended that the plaintiff was a money lender and therefore, he could not lend money without valid licence, alternatively prayer for instalments is also made.

(3.) The trial court addressed itself to the following issues : "1. Whether the plaintiff proves the execution of the suit pronote by the defendant ? 2. If so, the defendant is entitled to 10-equal annual instalments to pay the suit debt ? 3. Does the defendant proves that, the plaintiff is a money lender ?