BENI MADHO GUPTA Vs. NATH

JUDGEMENT

(1.) This a second appeal by the Defendant. A suit was brought against him by the Respondent for the recovery of a sum of Rs. 3,000 as principal and Rs. 23 as interest. His case was that the Appellant had taken a loan of Rs. 3,000 from, him on 17-1-1949, that he had made an entry in his account book then and there and that he had delivered a copy thereof to him (the Appellant).

(2.) The defence was a complete denial of the taking of the loan. It was further pleaded by the Appellant that he was an agriculturist, that the Respondent had failed to comply with the requirements of Section 39 of the U.P. Agriculturists' Relief Act and therefore, the suit was not maintainable.

(3.) The trial court hold that a sum of Rs. 3,000 was borrowed by the Appellant, that an entry was made in the Respondent's account book, that a copy thereof was prepared in the Appellant's presence, and that it was delivered to him. The suit was decreed for the principal amount only but not for the interest.