NATHU LAL Vs. AMAR CHAND

JUDGEMENT

(1.) The appeal arises from the judgment and decree dtd. 28/4/1997 passed by learned Additional District and Sessions Judge, Rajsamand (hereinafter referred to as 'learned First Appellate Court') in Case No.15/96, whereby, the appeal of the plaintiff-respondent was allowed and the judgment passed by learned Munsif and Judicial Magistrate First Class, Railmagra (hereinafter referred to as 'learned Trial Court') dtd. 18/8/1993 in Case No.1/1889 was set aside and the suit of the plaintiff-respondent was decreed by the learned First Appellate Court for an amount of Rs.2,144.00.

(2.) Brief facts of the appeal are that the plaintiff-respondent preferred a suit for recovery of Rs.2,144.00 on 5/9/1988, wherein, the plaintiff claimed that the defendant was in the business of silver items and had taken an amount of Rs.1,885.00 as loan from the plaintiff qua which an entry was made in the cash book 'bahi' of the plaintiff on 11/9/1985. A certain amount of loan was paid back by the defendant which was also entered in the cash book 'bahi'. Out of total loan amount of Rs.2,080.00, an amount of Rs.500.00 paid by the defendant had been adjusted and there was an outstanding amount of Rs.1,580.00 as principal, which had not been paid inspite of the repeated request. On the said amount, according to the agreement, plaintiff claimed an interest @ Rs.1.00 per Rs.100.00 per year which comes out to be Rs.544.00 and thus, the suit was filed for recovery of amount of Rs.2,144.00

(3.) The defendant filed the reply denying the averments of the plaint and further stated that the plaintiff is a money-lender having no licence. After settlement, an amount of Rs.1,885.00 was balance which has been repaid by the defendant and all the entries were entered in the account books of the defendant. The suit is time barred.