LAXMI PRASAD JAT Vs. SETH RAMDAYAL JAT

JUDGEMENT

(1.) PLAINTIFF has filed this second appeal against the impugned judgment and decree passed by learned first Appellate Court allowing the appeal of defendant and thereby dismissing the suit of plaintiff which was decreed by learned trial Court.

(2.) PRESENT suit has been filed by the plaintiff for recovery of the pledged ornaments valuing Rs. 20,000/- and in the alternative a decree of Rs. 20,000/-with interest at the rate of 12% per annum. The suit was filed on 26-6-1998. According to the plaint averments in order to solemnize the marriage of his daughter gracefully, plaintiff pledged certain ornaments to the defendant who is a money lender and obtained a loan of Rs. 7,000/ -. The description of the pledged ornaments has been mentioned in para 1 of the plaint. It has been further pleaded by the plaintiff that despite he repaid the entire amount of loan with interest, defendant has not returned the pledged articles to him. In para 2 of the plaint it has been further pleaded by the plaintiff that he lodged a report on 29-3-1997 in the concerning police station and a case under sections 3 and 4 of M. P. Money lenders Act, 1934 (hereinafter referred to as 'the Act) was registered against the defendant and the charge-sheet was submitted before the Sub-Divisional magistrate, Jabalpur before whom defendant admitted the guilt and as such he was punished and was directed to pay a fine of Rs. 150/-, in default of payment of fine amount, he was sentenced to suffer simple imprisonment of five days.

(3.) A very specific plea has been raised in para 3 of the plaint that plaintiff on 12-5-1998 by registered notice made demand and requested defendant to return the pledged ornaments, but despite notice was received by the defendant on 14-5-1998, the pledged ornaments were not returned by the defendant to the plaintiff and thus it has been prayed by the plaintiff that suit be decreed and defendant be directed to return those ornaments description whereof has been mentioned in para 1 of the plaint. In the alternative it has been prayed that a sum of Rs. 20,000/- with interest at the rate of 12% per annum till its realization be allowed to him.