RADHAKISHAN Vs. BALMUKUND

JUDGEMENT

(1.) This second appeal was admitted on the following substantial questions of laws;

(2.) The appellant-plaintiff filed a suit for recovery of Rs. 5,000.00 against the respondent. The Trial Court decreed Che suit for a sum of Rs. 3134.00 with interest @ 6% per annum from the date of the suit till its realisation holding that the plaintiff is money lender and he has not complied with the provisions of Money Lending Act, therefore, the rate of interest claimed by the plaintiff was disallowed. On appeal by the appellant-plaintiff the first Appellate Court reversed the finding that the plaintiff is a money lender, and allowed the appeal and also allowed the interest not at the rate of 2.5% per month as claimed by the appellant being exorbitant but allowed the interest @ 1 % per month. Against which the appellant has filed this second appeal which was admitted on the aforesaid substantial questions of law.

(3.) I have heard Mr. Ravi Agrawal, learned Counsel for appellant and perused the record. None appeared on behalf of the respondent.