BASAPPA Vs. SUNDERLAL

JUDGEMENT

(1.) THIS is defendant's second appeal against the judgment and decree dated the 18th of October, 1958 passed by the Addl. District Judge, Vidisha, in Civil Appeal No. 183 of 1957.

(2.) THE facts which gave rise to the suit out of which this appeal arises may briefly be stated as under: -The appellant borrowed a sum of Rs. 1,000 from the respondent and pawned 48 bags of 'jwar' with him. He executed a bond on the same day, whereby it was agreed that the appellant will pay Rs. 20 p. m. by way of storage charges and interest on the loan.

(3.) THE defendant pleaded that the loss occasioned was due to omission on the part of the plaintiff to sell the 'jwar' at the end of the period stipulated for the re -payment of the loan. He contended that if the 'jwar' had been sold at the end of the said period, it would have fetched a price of Rs. 32 per maund. The fact that the 'jwar' was sold by the plaintiff on 8 -10 -1955 was also denied by the defendant. Lastly the defendant contended that he being an agriculturist and that the plaintiff having no licence under the Money Lenders Act, the suit was unmaintainable.