YAMUNA PRASAD SAH Vs. PRABHU NATH SAH

JUDGEMENT

(1.) THIS second appeal at the instance of the defendant is directed against a judgment of reversal.

(2.) THE original plaintiff Dina Nath Sahu, after his death stands substituted by his son Prabhu Nath Sahu. Dina Nath Sahu and the defendant -appellant were undisputedly Pattidars. It is also undisputed that Dina Nath Sahu was a professional moneylender. Undisputedly on the request of the defendant, Dina Nath Sahu used to advance loans to the defendant, the latter being the Karta of a joint family. Such transactions of loan commenced as far back as in the year 1949, which transaction of loan was evidenced by a 'chittha'.

(3.) THE suit was contested by the defendant. The ground taken was that the dues of the original 'Chittha' having been paid by the defendant in entirety nothing was due from him but the defendant executed Ext. 1 on the threatening of the plaintiff of being humiliated.