VIJAY KUMAR AND OTHERS Vs. LEELADHAR

JUDGEMENT

(1.) HEARD Shri Jagdish Prasad assisted by Shri S.K. Mandal, Counsel for the appellant and Shri C.S. Bagadwal, counsel for the respondent. By the present second appeal filed under section 100 of Code of Civil Procedure, the appellants have prayed for setting aside the judgment and order dated 30.9.1999 passed by the District Judge, Nainital.

(2.) THE second appeal was admitted on the following substantial question of law: - -

(3.) A written statement was filed by the defendant denying the submissions made in the plaint. It has been averred that the deceased was a usurer and was doing the work of usurer. He was not having a licence of money lending. The defendant has only 5 -6 acres of land. It has been submitted that whenever he needed the money, he used to borrow it from the deceased. It has also been submitted that on 15.2.1985 on arising the need of money, the deceased has received an agreement of sale and in accordance of that the deceased has given Rs. 35,000/ - towards advance. The defendant was never of the view to sale the land in dispute and alleged that the agreement of sale to be fake. It has also been submitted that the defendant has received the receipt after repaying the amount to the extent of Rs. 40,000/ - along with the interest, in which it has been clearly written by the deceased that he has no concern with the land in dispute. The suit of the plaintiff is wrong and liable to be dismissed.