BENU BEHERA Vs. GOURAHARI PRADHAN

JUDGEMENT

(1.) The defendant is in appeal against the affirming decision of the learned Subordinate Judge, Chatrapur.

(2.) The plaintiff-respondent instituted the suit for recovery of Rs. 3800/- with pendente lite and future interest @9% per annum from the defendant. The case of the plaintiff is that on 9.4.1973 the defendant had executed a registered simple mortgage deed in his favour for a loan of Rs. 3000/- . The defendant agreed to pay the interest @Rs. 2/- percent per month. He further agreed to pay the interest at the end of every year and pay the entire amount within three years. It was stipulated that in the event the amount is not paid within the time stipulated, the plaintiff shall be at liberty to realise the same. While the matter stood thus, the defendant paid an amount of Rs. 500/- on 7.3.1976, which was endorsed on the back side of the mortgage deed. All the persuasions made by the plaintiff to pay the rest amount ended in a fiasco. With this factual scenario, he instituted the suit.

(3.) The defendant filed a written statement denying the assertions made in the plaint. The specific case of the defendant is that the plaintiff was a regular money lender. He had no licence to carry on money lending business. It was further pleaded that the suit land belongs to his wife. He was not pulling on well with her. She intended to sell the property to the outsiders. At this juncture, the plaintiff persuaded him to execute a mortgage deed. He executed the deed in good faith. He had not received any money.