TEJU MAI Vs. DAYA RAM

JUDGEMENT

(1.) Plaintiff apellant herein seeks to challenge the decree dated May 29, 1981 of the learned District Judge, Tonk whereby his money suit based on pronote was dismissed. The parties hereinafter shall be referred in the same manner as they were arrayed in the suit.

(2.) In the plaint, it was averred by the plaintiff that the defendant borrowed cash in the sum of RS. 51.800/- from him on November 2, 1977 and executed pronote and receipt. Out of the borrowed money only Rs. 15,150/- were paid and amount in the sum of Rs. 36,650/- was outstanding against the defendant. Prayer to decree the suit was made by the plaintiff. The defendant in the written statement denied the averments made in the plaint and pleaded that frivolous suit was instituted by the plaintiff on account of enmity as the defendant pursuaded C.M.O., Tonk not to issue licence to the plaintiff for installing Medical Store. It was also averred that the suit was not maintailable as the plaintiff did not produce the licence under the Money Lenders Act.

(3.) Trial Court framed as many as four issue thus- (i) Whether the defendant borrowed cash in the sum of Rs. 51.800/- from the plaintiff and executed pronote and receipt in favour of the plaintiff on November 2, 1977? (ii) Whether the defendant has to repay Rs. 36,650/- to the plaintiff ? (iii) Whether the plaintiff is a money lender, if so, what is its effect on the suit ? (iv) Relief ?