SURAJ DEO PATHAK Vs. NATHUNI PRASAD

JUDGEMENT

(1.) THE defendant has filed this First Appeal against the Judgment and Decree dated 28.04.1981 passed by Sri Vishundeodeo Narain, the learned Ist Subordinate Judge, Ara in money suit No.71 of 1979 decreeing the plaintiff- respondent's suit for realization of Rs.12,879/-.

(2.) THE plaintiff-respondent filed the aforesaid money suit for realization of Rs.12,879/- including the interest alleging that he is registered money lender and the defendant No.1 is the karta of the joint family. Defendant No.1 borrowed a sum of Rs.9,500/- on 07.10.1976 from the plaintiff and agreed to pay interest at the rate of 1 per cent per month and executed a hand note and put his L.T.I. thereon on 07.10.1976 in token of acceptance of the loan. THE defendant also granted a receipt in token of the loan of Rs.9,500/-. THE defendant No.1 borrowed the said amount for the purpose of treatment of his wife and for purchasing bullocks and cultivation purposes and also for the maintenance of the joint family. THE defendant did not pay back the said amount.

(3.) IN view of my above discussion, I find no merit in this First Appeal and accordingly this First Appeal is dismissed. IN the facts and circumstances of the case, no order as to cost.