SOPAN BARUKU PATIL Vs. SATYANARAYAN GOVINDRAM RATHI

JUDGEMENT

(1.) By the above Second Appeal, the Appellant challenges the judgment and decree dated 24th August, 1994 passed in Regular Civil Appeal No. 19/90, by which the decree passed by the Trial Court dated 15th September, 1989 was modified. The above Second Appeal raises the following substantial questions of law:

(2.) The facts in brief can be stated thus:

(3.) The Defendant filed his written statement and it was his contention that he was carrying on business in Banana's and was in need of money. He, therefore, approached the Plaintiff, who was, according to him, doing money lending business and demanded loan of Rs. 10,000/-. The Plaintiff advanced the loan of Rs. 10,000/-to the Defendant and for security of the said loan that the Defendant had executed the said earnest note dated 6th July, 1984. It was the case of the Defendant that in the year 1985, he repaid the loan amount of Rs. 5,000/-along with interest to the Plaintiff. However, though he had offered to pay the balance loan amount of Rs. 5000/-to the Plaintiff, the Plaintiff refused to accept the same. It was his case that there was no question of the property being joint family property, as his father and brother were staying separately. He denied that he was acting as a Karta of the joint family.