NARAIN Vs. SETH BRIJ KISHORE TANDON

JUDGEMENT

(1.) The suit which has given rise to these two cross-appeals was instituted by the Plaintiff for the recovery of Rs. 9,000/- on the basis of a pronote, dated the 18th February, 1947, for Rs. 11,000/-. The pronote carried interest at 12 per cent and it was admitted by the Plaintiff in the plaint that a sum of Rs. 5700/- had been received towards the debt. The balance of the principal and interest amounting to Rs. 9,000/- was claimed by the Plaintiff.

(2.) The Defendant admitted the execution of the pronote and the receipt of consideration but he alleged that a sum of Rs. 2,000/-which had been paid to the Plaintiff out of the consideration of a sale deed of a certain plot of land had not been credited by the Plaintiff. It was also contended that the Defendant was an agriculturist and as the Plaintiff had not complied with the provisions of Section 39 of the U.P. Agriculturists' Relief Act he was not entitled to interest and as the Plaintiff was a creditor he was also not entitled to costs.

(3.) The lower court found that Rs. 2,000/- had been received by the Plaintiff out of the sale consideration of the plot sold by the Defendant and ought to be credited. It also found that the Plaintiff had not complied with the proviso as of Section 39 of the U.P. Agriculturists' Relief Act and was, therefore, not entitled to interest. The claim for the remaining principal sum of Rs. 3,300/- was decreed by the lover court.