UDHAM SINGH Vs. PURAN SINGH

JUDGEMENT

(1.) THE only question that is involved in this letters patent appeal is whether the learned Single Judge was right in reversing the decision of lower appellate Court on the question whether the appellant was or was not a money-lender.

(2.) THE plaintiff filed suit for recovery of Rs. 1495/- on the basis of two pronotes dated 7th November, 1961. This suit was contested by the defendant-debtor. On the pleadings of the parties, the following three issues were framed:" 1. Whether the pronotes in suit were executed by the defendant for consideration? 2. Did the pronotes require presentation?

(3.) WHETHER the plaintiff is a money-lender? If so, its effect?" 3. Issue Nos. 1 and 2 were found in favour of the plaintiff. On issue No. 3, the trial Court held that the plaintiff was a money-lender and could not bring the present suit without obtaining a money-lender's licence. Therefore, the trial Court dismissed the plaintiff's suit. On appeal by the plaintiff, the lower appellate Court came to the conclusion after consideration of the evidence that the plaintiff was not a money-lender and accordingly reversed the decision of the trial Court after maintaining the findings of that court after maintaining the findings of that Court on issues Nos. 1 and 2. The result was that the plaintiff's suit was decreed. The defendant then came up in second appeal to this Court. The learned Single Judge reversed the decision of the lower appellate Court and restored that of the trial Court. The only issue that was debated before the learned Single judge was the third issue. The learned Single, Judge, after setting down the following ten facts, which had been found by the Courts below namely:" 1. Rs. 500/- advanced on 23-12-1959 on the basis of a pronote, Exhibit D-1, to one Chanan Ram son of Kartar Chand of village Aladipur, carrying interest at 1 per cent, per annum. 2. Rs. 300/- advanced on 17-5-1961 on the basis of a pronote, Exhibit D-2 to Walaiti Ram of village Aladldipur, carrying interest at 1 per cent, per mensem. 3. Rs. 300/- advanced on 8-8-1963 on the basis of a pronote, Exhibit D-3 to Kartar Singh son of Rur Singh Jat of village Daultapur, carrying interest at 12 per cent. per annum.