BUDHU BADHAI Vs. BISHNU PATEL

JUDGEMENT

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

(2.) Plaintiff-Respondent instituted the money suit for realization of Rs.3, 500/- from the defendant. Case of the plaintiff was that defendant belongs to his village. The defendant approached him for a loan of Rs.3, 500/-. On 30.9.1985, he advanced loan of Rs.3, 500/-. The defendant executed an agreement to pay back the loan amount by the end of Falguna. He requested the defendant number of times to repay the same, but the defendant did not pay any heed to it. He sent a notice through his lawyer to the defendant demanding loan amount. There was no response. With this factual scenario, the suit was instituted seeking the relief mentioned supra.

(3.) The defendant entered contest and filed a written statement denying the assertions made in the plaint. According to him, he had not incurred any loan from the plaintiff. The document in question was a fabricated one. The specific case of the defendant is that plaintiff was a regular moneylender. He had no licence.