JAGDISH SINGH Vs. PURANLAL

JUDGEMENT

(1.) The appellant/plaintiff has filed this appeal assailing the legal validity of the judgment and decree dated 1-3-1997 passed by the 3 rd Additional District Judge, Damoh, in C.A. No. 12-B/1996, wherein the judgment and decree dated 11-7-1996 passed by the 4 th Additional Civil Judge Class-II, Damoh, in C.S.No. 4-B of 1995 has been affirmed.

(2.) The brief facts leading to the filing of this appeal are that the appellant/plaintiff filed a suit for recovery of a sum of Rs.17,720/-. The appellant/plaintiff is a money lenderduly holding a licence in that regard under the provisions of M.P. Money Lenders Act, 1934 (hereinafter referred to as the "M.P. Act of 1934") and that he had extended a loan of Rs.16,000/- alongwith interest at the rate of Rs.2/- per month per annum on 25-12-1993 to the respondent/defendant who was working as a parcel porter with the railways at Khurai and that he had executed a promissory note in that regard. It was alleged that the respondent failed to pay the interest or return the loan in spite of several demands, therefore, the appellant issued a legal notice to him on 13-5-1994 seeking repayment of the loan and as the respondent failed to do so, a suit for recovery of a total sum of Rs.17,720/- which included interest, was filed by him before the competent Court.

(3.) The claim of the appellant/plaintiff was denied by the respondent/defendant pursuant to which evidence was led in the case and thereafter the trial Court dismissed the suit filed by the appellant/plaintiff, by the judgment and decree dated 11-7-1996. The appeal filed by the appellant/plaintiff before the first appellate Court has also been dismissed by the impugned judgment and decree dated 1-3-1997. Hence this appeal.