JAMBESWAR BEHERA Vs. KASI NAIK

JUDGEMENT

(1.) THE Petitioner is the Plaintiff in a Small Cause Court suit to recover Rs. 120/ - as the value of twelve (sic) of paddy advanced to the Defendant on the basis of a bond, Ext. 1, on 18 -5 -1955. Though the interest of 25 per cent was stipulated in the bond as the Plaintiff did not claim any interest in the suit.

(2.) THE Defendant denied execution of the bond and advance of twelve (sic) of paddy and also contended that the suit was not maintainable as the Plaintiff was not a registered money lender.

(3.) MR . Misra the learned Counsel for the Petitioner contended that the Plaintiff on the evidence in this case does not come under the definition of a money -lender as contemplated by Section 8 of the Orissa Money Lenders Act. 'Money lender' is defined in the Orissa Money -Lenders Act as follows: