KAMESU NANDESU ACHARI Vs. A SABITRI PATRANI

JUDGEMENT

(1.) Defendant is the appellant against a reversing judgment.

(2.) Plaintiff-Respondent instituted the suit for realization of Rs.3200/- with pendente lite and future interest. The case of the plaintiff is that the defendant took a loan of Rs.2000/- from her to meet his household expenses. He executed the simple mortgage deed on 12.5.1973 to pay principal with interest within three years, failing which the same shall be realized from the secured property. She is not a regular money lender. Since the defendant failed to pay the loan amount, she instituted the suit seeking the reliefs mentioned supra.

(3.) The defendant entered contest and filed written statement admitting that he had received the amount. The specific case of the defendant was that the plaintiff was a regular money lender. The transaction was hit under Sec.8 of the Orissa Money Lenders Act. The plaintiff had given loan to his wife. He instituted T.M.S. No.52 of 1980 for realization of amount.