BIJOY LAXMI MOHAPATRA Vs. LINGARAJ MOHARATHA (SINCE DEAD)

JUDGEMENT

(1.) This is plaintiff's appeal against a confirming judgment. The suit was for realization of Rs.5430.00.

(2.) The case of the plaintiff was that the defendant no.1 was well known to her family. Defendant no.1 was in need of money and approached her to lend Rs.3000/- by keeping some land on mortgage. She agreed to the same. Accordingly, on 16.75 the defendant no.1 executed a simple mortgage deed mortgaging Ac.11.15 cents of land of village Dhaumundia and took a sum of Rs.3000/-. Defendant no.1 agreed to clear up the outstanding dues with 12% interest within a period of three years. Defendant no.1 failed to repay the amount in spite of repeated demand. While matter stood thus, the land was acquired by the Government of Orissa under Land Acquisition Act. The compensation amount had been deposited in the Bank. With this factual scenario, she instituted the suit for realization of Rs.3000/- with interest @ 9%.

(3.) The defendant nos.1 and 2 filed written statement denying the assertions made in the plaint. According to them, Anantaram Mahapatra, father-in-law of the plaintiff, advanced the loan to the defendant no.1. Anantaram got the mortgage deed executed in the name of his daughter-in-law, the plaintiff, and advanced Rs.3000/- to the defendant no.1. Defendant no.1 paid an amount of Rs.3000/- towards principal and Rs.1500/- towards interest in full satisfaction of the mortgage dues to Anantaram in presence of the witnesses on 22.2.80. The latter had granted receipt acknowledging demand. It was further pleaded that the plaintiff was a money lender. She had no licence. The suit is not maintainable.