FAKIR DAS Vs. SANKAR DIXIT AND ANR.

JUDGEMENT

(1.) PLAINTIFF is the Petitioner. Opposite parties 1 and 2 are brothers living in a joint family of which opposite party No. 1 is the Karta. Plaintiff's case is that on 14 -9 -1957 Defendant No. 1 (opposite party No. 1) as the Karta of the family borrowed Rs. 200/ - from the Plaintiff on executing a hand note at 12% interest with interest at 12%. There was no payment despite repeated demands and the suit is filed for recovery of Rs. 251/7/ - inclusive of interest.

(2.) DEFENDANTS filed written statement denying the loan and the execution of the hand note and asserted that a blank paper was utilised for creation of the hand note. A further plea was taken that the account book (Ext. 2) did not contain any entry regarding interest payable in respect of the suit transaction. As the accounts were in dereliction of the conditions provided under Section 7 of the Orissa Money Lender Act, the suit is to be dismissed for non -compliance with Rule 11 of the Orissa Money Lenders Rules.

(3.) MR . Mohanty for the Petitioner urged that the view taken by the learned S.C.C. Judge was untenable in law. Mr. Misra for the opposite parties supported the judgment on the very grounds advanced by the learned S.C.C. Judge and took up a new point that by the date of the advancement of the suit loan on 14 -9 -1957 the maximum capital of the Plaintiff's money lending business exceeded Rs. 300/ - for which the Plaintiff got himself registered.