AKSHAY KUMAR PATRA Vs. BRAJ MOHAN SINGH

JUDGEMENT

(1.) Defendant is appellant against the decree for realisation of Rs. 13,680/-.

(2.) Case of plaintiff is that defendant was known to him who were residents of nearby villages. Defendant mortgaged a piece of land in the year 1969. In the year 1973, defendant approached plaintiff for money as he was badly in need to meet expenses in connection with litigation pending in the High Court and for marriage of his son. Defendant proposed that the loan if advanced to him would be repaid either in cash or by selling away some of his lands to him if the agreements materialised. When in that background defendant took loan of Rs. 13,680/- on 12.8.1973 by executing a promissory note. The agreement for sale failed and accordingly, the suit for realisation of the suit was filed.

(3.) Case of defendant is that plaintiff is a money lender under the Orissa Money Lender's Act. Defendant denied to have received any amount towards loan from the plaintiff.