K KANTAMMA Vs. SABITRI PATRANI

JUDGEMENT

(1.) THE defendant is in appeal which is directed against the judgment dated 25.1.1986 of the Additional District Judge, Berhamur, in T.A. No. 21 of 1985 (18/1985 GDC) who by reversing the decision of the Subordinate Judge, Aska, has decreed the suit.

(2.) AT the time of admitting the appeal, the following substantial questions of law were framed :

(3.) THE defendant in her written statement admitted to have received the loan amount of Rs. 3,000/ -. According to her, the plaintiff is a regular money lender without having any licence and thus the suit is hit by Section 8 of the Orissa Money Lenders' Act, 1939 (for short 'the Act'). Her further case is that the charge of interest made by the plaintiff at the rate of 12 percent per annum is not permissible. She also stated that the mortgage deed is not enforceable as the plaintiff had not paid the loan to the Land Development Bank. She also pleaded that her husband had taken loan from the plaintiff for which another suit, namely, T.M.S. No. 53/1980 has been filed by the plaintiff.