SHIVANAND BHIVAPPA Vs. MADHAOLAL RAMCHANDRA

JUDGEMENT

(1.) THIS is a defendant's appeal from the judgment and decree passed by the Civil Judge, Senior Division, Yeotnial.

(2.) THE appellant is asked to pay the dues under the promissory note executed by him in favour of the respondent, amounting to a sum of Rs. 16,305 plus costs as well as future interest on a sum of Rs. 9,825 at 3 per cent, per annum from the date of suit till realisation. The respondent appears to be a moneylender advancing money to his debtors. The appellant is one such debtor. The respondent advanced to the appellant five loans on different occasions. The first was an advance of a sum of Rs. 4,000 on June 11, 1954, the second was of a sum of Rs. 2,000 on August 19, 1954, the third was of a sum of Rs. 1,000 on October 5, 1955, the fourth was of a sum of Rs. 2,500 on August 7, 1955 and the fifth was of a sum of Rs. 500 on October 5, 1955. These were all advanced under different promissory notes executed by the appellant. It appears that the appellant paid vassals on some occasions, but, ultimately, refused to pay his dues. Therefore, the respondent had to file this suit to recover from the appellant a sum of Rs. 16,305 plus interest.

(3.) THE learned Civil Judge, therefore, on the pleadings of the parties, framed several issues and came to the conclusion that the consideration of each of the promissory note was as mentioned in the promissory note. He has further found that the respondent had complied with the necessary provisions of the C.P. and Berar Moneylenders Act and, therefore, he is also entitled to charge interest as agreed to between the parties. Accordingly, therefore, he decreed the respondent's claim, having given him the principal amount as well as interest on a sum of Rs. 6,305. The appellant here is only challenging the decree in so far as it grants interest to the respondent on the ground that 'the respondent has not complied with Section 3 of that Act.