CHIMAN LAL Vs. BAL CHAND

JUDGEMENT

(1.) This appeal has been filed against the judgment of the learned Additional District Judge No. 1, Udaipur dated November 18, 1988 by which he allowed the appeal of the defendant and set aside the judgment of the learned Munsiff, Dhariawad dated August 22, 1986 decreeing the suit for the recovery of Rs. 4,999/- with interest and costs.

(2.) The facts of the case giving rise to this appeal may be summarised thus. On January 5, 1979, the defendant Bal Chand mortgaged his one Kotha with the plaintiff Chiman Lal, borrowed Rs. 4,001/- on interest and executed a deed in his favour. Neither he delivered the possession of his Kotha nor got the deed registered.

(3.) He filed suit for the recovery of Rs. 4,001/- as principal and Rs. 998/- as interest. The defendant traversed all the allegations of the plaint. He further averred that the suit deserves to be dismissed as the plaintiff does not possess money lending licence and the document is not admissible in evidence as it is insufficiently stamped. After framing necessary issues and recording the evidence of the parties the Trial Court held that the defendant borrowed Rs. 4,001/- with interest@ 1% per month and the plaintiff possesses money lending licence and accordingly decreed the suit with interest and costs. The defendant Bal Chand filed appeal and the learned Additional District Judge No. 1, Udaipur allowed the appeal holding that the plaintiff does not possess money lending licence as required under the Rajasthan Money- Lenders Act, 1963 (hereinafter to be called as 'the Act').