VIJAY CHAND Vs. KANTILAL

JUDGEMENT

(1.) This appeal under Section 96 CPC is directed against judgment and decree dated 26.04.1994 passed by the District Judge, Bikaner, whereby, the suit filed by the plaintiff has been decreed alongwith interest @ 6% per annum.

(2.) The facts in brief may be noticed thus : the appellantplaintiff Vijay Chand filed a suit on 01.09.1990 with the averments that he had very close relationship with the defendant and the defendant required a sum of Rs. 75,000/-, which were lent to him on 15.10.1989 on interest @ 24% per annum and an agreement, in this regard, was executed by the defendant; when the amount was not refunded back despite demand, the suit was filed for recovery of principal sum of Rs. 75,000/- alongwith interest i.e. a total sum of Rs. 90,375/-.

(3.) The averments made in the plaint were denied by the defendant including the receipt of the loan and the rate of interest; it was alleged that plaintiff was involved in the business of money lending without any licence.