KAMAAL KHAN Vs. SHANTI DEVI

JUDGEMENT

(1.) This is defendant's second appeal against the judgment and decree dated 20.10.1986 passed by the District Judge, Guna whereby the learned Appellate Court partly allowed the appeal against the judgment and decree dated 13.4.1979 passed by the Civil Judge, Class I, Guna.

(2.) The brief facts necessary for the disposal of the appeal are that a suit was filed by Nemichand for recovery of Rs. 5,221.25 with the allegation that the defendant Kamaal Khan had taken a sum of Rs. 4,000/- as loan on 3.8.1969 from one Himmat Khan and he had promised to pay back the amount with interest on demand and also executed a note in his favour. No amount was repaid. There were transactions between Himmat Khan and the plaintiff and in lieu of back payment of plaintiff's dues Himmat Khan transferred the said pronote to him and made an endorsement. He gave notice to the defendant to pay back the amount which was returned. A total sum of Rs. 5,441.35 was due from the defendant which was not paid. Hence the suit. The defendant contested the claim and alleged that he did not take loan on 3.8.1969 from Himmat Khan nor executed any pronote in his favour. As such there is no question of any payment. He had no knowledge that Himmat Khan had any transactions with the plaintiff. He did not receive any notice. In the alternative it was pleaded that in any case as the plaintiff and Himmat Khan both were doing Sahukari business, they had no licence. They did not maintain accounts according to the Money Lenders Act. Hence the plaintiff is not entitled to any cost or interest.

(3.) The learned Trial Court framed issues that arose from the pleadings of the parties, took evidence and decreed the suit for recovery of Rs. 4,000/- with interest at the rate of 6% per annum from the date of the suit till the date of decree and till recovery.