YESHWANTRAO Vs. MIRABAI

JUDGEMENT

(1.) THIS is an appeal filed by the original plaintiffs against the judgment and decree of the first appellate Court, that is, the District Judge Chanda, in Civil Appeal No. 5 of 1962, decided on 14-2-1963 allowing the appeal filed by the legal representatives of the filed by the legal representatives of the original defendant and confirming the lower court's decree under appeal with some modifications. This appeal has been filed by the plaintiffs for setting aside the judgment of the appellate Court and restoring the judgment and decree passed by the trial Court in toto.

(2.) THE plaintiffs had filed a suit which was based on a mortgage. It was alleged by the plaintiffs that original defendant Ramakrishna took a cash loan of Rs. 4,200/- after admitting, the receipt of previous loan to the extent of Rs. 800/- and executed the suit mortgage. The agreement was to pay interest at 18 percent per annum in case there was a decent per annum in case there was a default on the part of the defendant to pay the installment as agreed. However, the plaintiffs claimed interest at 12 per cent that the plaintiffs are the regular money, license. The property which is the subject-matter of this suit was charged with the amount of loan, and therefore, the plaintiffs claimed a decree for foreclosure of the suit property. In the alternative the plaintiffs had also claimed a decree for Rs. 4,651-3-0 excluding the repayments. They also claimed further intrest at 12 per cent per annum on the amount till repayment.

(3.) THE defendant completely denied the receipt of the amount as such. The defendant contended that the whole account should be reopened because there were many transactions between the parties. It was further submitted that the plaintiffs had not complied with the provisions of the Central Provinces and Berar Moneylenders Act, and therefore, they should not be allowed costs and interest.