UDAYANATH JENA Vs. GOVINDA CHANDRA MOHAPATRA

JUDGEMENT

(1.) THIS is an appeal from the judgment dated 2nd January 1962, of a single Judge of this High Court (Mr. Justice Barman) dismissing an appeal from the decision of the learned Subordinate Judge of Berhampur, declining to give relief to a judgment debtor (Appellant) under Sections 14 and 15 of the Orissa Money lenders Act. The Appellant entered into an agreement with the Respondent for sale of certain properties and in pursuance of that agreement the Respondent paid him a sum of Rs. 5500/ - on 19th April 1948 and another sum of Rs. 300/ - on 15th May, 1948, but the Appellant failed to execute a sale deed inspite of the receipt of the said sums. Thereupon the Respondent brought a suit for realisation of the entire sum advanced, together with interest and that suit was decreed for Rs. 6300/ -. At the time of execution the Appellant applied for relief under Sections 14 and 15 of the Orissa Money -lenders Act.

(2.) BOTH the learned Subordinate Judge and the learned single Judge of this Court held that in the circumstances mentioned above, the money received by the Appellant from the Respondent was not a "loan" as defined in Section 2(1) of the Money -lenders Act and that consequently the Appellant judgement debtor was not entitled to any relief under that Act. In our opinion the view taken by the learned Single Judge of this Court is correct. The definition of 'loan' given in Section 2(1) of the Orissa Money lenders Act is as follows:

(3.) I agree.