KHAYALI LAL Vs. MANGI LAL

JUDGEMENT

(1.) By this regular first appeal the plaintiff-appellant has given challenge to the judgment and decree dated 6- 11-1985 passed by Additional District Judge, Rajsamand in Civil Original Suit No. 13/84 titled as Khayali Lal v. Mangilal.

(2.) The plaintiff-appellant preferred a suit for recovery of Rs. 13,780/- alleging inter alia that defendant Mangilal had taken a loan of Rs. 13,000/- from the plaintiff to purchase a tractor. The loan was taken on 13-4-1987. According to plaintiff the defendant agreed to pay interest @ 2% per month. The plaintiff and defendant also executed an agreement in this regard. The plaintiff also alleged that the said principle amount was not paid to him and in addition to that the interest from 13-1-1984 to 13-4-1984 amounting to the tune of Rs. 780/- was also not paid. A decree, therefore, for the amount of Rs. 13,780/- with future interest was claimed by the plaintiff.

(3.) A written statement was filed on behalf of the defendant admitting the fact that a sum of Rs. 13,000/- was taken by him from the plaintiff but the same was not taken for the purpose of purchasing a tractor but was taken for construction of house. It was also stated in the written statement that the suit deserves to be rejected as no account was sent by the plaintiff to the defendant as required under Sections 22 and 23 of the Money Lenders Act, 1963.