RAJANIKANTA PADHI Vs. B KAMESWAR SUBUDHI

JUDGEMENT

(1.) DEFENDANT in Money Suit No. 110 of 1971 has preferred this appeal against the decree passed on October 30, 1979 by the Subordinate Judge, Berhampur in Money Suit No. 110 of 1971. The plaintiff/respondent, in this appeal, is being defended by the legal representatives who were substituted after his death.

(2.) PLAINTIFF filed the aforesaid suit for recovery of Rs. 24,480/ along with future interest on the grounds that the defendant being a front door neighbour to the plaintiffs cloth shop, was in the habit of taking clothes on credit as well as cash loan on occasions. Plaintiff during the relevant period was a registered money lender. So far as the transactions from 13.5.1965 up to 5.10.1968 are concerned, the defendant admitting the transactions as conceding to the liability executed the suit pronote on 8.10.1968 for a sum of Rs. 18,000/ with simple interest @ 12% thereon. The defendant having not repaid the same, plaintiff issued a registered notice on 28.8.1971 demanding repayment and when the defendant/appellant did not respond to that notice, he instituted the suit with the prayer for recovery of the aforesaid amount.

(3.) ON the basis of the aforesaid pleading, Trial Court framed the following issues : ISSUES