CHINARI SRIRAMA MURTY Vs. ABHIMANYU MOHAPATRA

JUDGEMENT

(1.) Plaintiff-Respondent filed Money Suit No. 4 of 1983 in the Court of the Subordinate Judge, Gunupur, claiming a decree for Rs. 4,100/- or in the alternative for Quintal 34.20 K.Gs. of paddy, pendente lite interest and future interest till payment or recovery. By judgment and decree dated February 16, 1985, trial Court dismissed the suit The plaintiff-respondent preferred Miscellaneous Appeal No. 2 of 1986 of the Court of the Addl. District Judge, Jeypore (Previous M A No. 4/85 of the Court of the District Judge, Jeypore). By judgment and decree dated November 26, 1986 the Addl. District Judge allowed the said appeal and decreed the suit Being aggrieved the present appellants, who were defendants in the suit, have filed this second appeal.

(2.) The case of the plaintiff-respondents as pleaded in the plaint, inter alia, is- The present appellants jointly borrowed 55 putties of paddy from the respondent on June 11, 1980 by executing a grain-bond wherein they jointly promised to repay the borrowed paddy with 5 maanas of paddy per putty as interest on or before January 25. 1981. Despite repeated requests and lawyer's notice dated November 17, 1982 the appellants failed to repay the same.

(3.) Defendants contested the suit filing joint written statement. The defence case, inter alia, is- The plaintiff-respondent is money lender by profession and as such in absence of a Money Lender Certificate, the suit is not maintainable. The said defendant-appellants owned and possessed 10 acres of land annually producing 300 bags of paddy, each containing 75 K.Gs. They were never in need of any paddy from the respondent or any other person. The respondent had no land and capacity to advance the paddy loan to them.