JASWANTI DEVI Vs. SUNIL MEHRA

JUDGEMENT

(1.) THIS is a suit for recovery of Rs. 12,44,000/ - with future interest at the rate of 3.5 per cent. per month from the date of suit till the payment of the decretal amount.

(2.) THE case of the plaintiff as made out in the plaint is that one Hanwant Dass Sud applied to the Collector, District Shimla for being registered as a money -lender under the Registration of Money -Lenders Act but died during the pendency of the application on 13 -12 -1996. The defendant had business dealing with the deceased and during the course of such dealings had taken loans from the deceased on 4 -6 -1995, 26 -7 -1995, 9 -10 -1995, 9 -11 -1995 and 4 -12 -1995 respectively in the sum of Rs. 1,00,000/ -, Rs. 50,000/ -, Rs. 1,00,000/ -, Rs. 1,00,000/ - and Rs. 50,000/ - and had promised to repay the loans taken on 4 -6 -1995, 26 -7 -1995 and 9 -11 -1995 with interest at the rate of 3% per month and the remaining loans with interest at the rate of 3.5% per month. The defendant executed demand promissory notes for consideration received by him agreeing to repay the loan amounts on demand. In addition to the above amounts, the defendant also took cash loan from the deceased and issued cheques dated 28 -2 -1996, 26 -9 -1996, 4 -12 -1996 and 29 -12 -1996 drawn on Allahabad Bank, Shimla respectively for Rs. 50,000/ -, Rs. 50,000/ -, Rs. 1,00,000/ - and Rs. 1,00,000/ -. Thus, the principal amount taken by the defendant from the deceased amounts to Rs. 7,00,000/ -. After the death of the deceased, the plaintiffs who are his legal heirs, requested the defendant to repay the aforesaid amounts which the defendant failed to pay and is thus liable to pay Rs. 12,43,500/ - to the plaintiffs. Hence the suit.

(3.) ON the pleadings of the parties, the following issues were framed : - 1. Whether the suit is not maintainable? OPD. 2. Whether the plaintiffs have no cause of action as alleged? OPD. 3. Whether the suit is time -barred? OPD. 4. Whether deceased -Hanumant Dass was not a registered money -lender? If so its effect? OPD.