ARORA FINANCE CO TONK Vs. NAZEER AHMED

JUDGEMENT

(1.) This second appeal is directed against the judgement and decree dt. 14-12-79 passed by District Judge Tonk (first appellate Court) affirming the judgement and decree dt. 30-8-70 passed by the Civil Judge, Tonk (trial Court) in a suit for recovery of Rs. 5,900/-.

(2.) Brief facts giving rise to this appeal are that the plaintiff-appellants filed a suit for recovery of Rs. 5900/- against the defendant, with Rs. 3,500/- on 16-2-73 on interest at Re. 1/- per cent per month from plaintiff 2, partner of the firm-plaintiff a pronote and receipt for the same is also alleged to have been executed by the defendant. Besides this, the defendant borrowed a sum of Rs. 2600/- on the basis of another pronote and receipt from the plaintiff firm on 8-8-74.

(3.) The defendant in his written statement admitted to have borrowed the money but the amount of loan was shown different by the defendant. The defendant further pleaded that the plaintiff-appellants are money lenders within the definition of Section 2(10) of the Rajasthan Money Lenders Act, 1963 (for brevity, 'the Act, 1963'), and that, the plaintiffs are not having any license and since they Have also not complied with the provisions contained in Ss. 22 and 23 of the Act, 1963, according to the defendant-respondent, the suit is not maintainable.