GHASI Vs. RADHEYSHYAM

JUDGEMENT

(1.) The petitioner has challenged the order dated 24.02.1999 passed by the Debt Relief Court, Malpura, Tonk whereby the suit filed by the creditor was allowed. He has also challenged the order dated 23.11.2000 whereby the District Judge, Tonk had dismissed the revision petition filed by the petitioner.

(2.) The brief facts of the case are that the creditor, Shri Chandalal filed an application under Section 6 of the Rajasthan Agriculture Debt Relief Act, 1957 (in short the Act of 1957) in the Relief Court (Civil Judge) Tonk, Camp Malpura. In the application, he has stated that he is doing business of money lending. He has further stated that 02.09.1982, the petitioner-debtor took a loan of Rs. 3501/- from him at the interest of 1% per month. Again, on the same day i.e. 02.09.1998, the petitioner-debtor also took loan of Rs. 2601/- at the interest of 1% per month. Both loans were taken by the petitioner-debtor in writing in the presence of Madan Lal Jain. Accordingly, till filing of the application, principal amount of Rs. 6102/- and interest of Rs. 2196/- total Rs. 8298/- is due against the petitioner-debtor. The creditor requested the debtor to return the money, but he did not pay the same. Notice was also sent to him, but he refused to accept the same. Therefore, an application was filed claiming the aforesaid amount as per provisions of the Act.

(3.) On receipt of notice, the petitionerdebtor filed reply and denied the averments of the creditor. In the reply he stated that he neither took the alleged amount from Chandalal on loan, nor gave anything in writing. He further stated that there is no licence with Chandalal for doing business of money lending.