INDERCHAND KAJRIWAL Vs. BANSROPAN SAHU

JUDGEMENT

(1.) This, is a decree-holder's appeal from a decision of the learned subordinate Judge of Shahabad in execution proceedings allowing the judgment debtors objection that the properties sought to be proceeded against should be valued under the provisions of Section 18 of Bihar Money. Leaders Act, and only a sufficient portion there of be sold in accordance with the provisions of Section 14 of that Act.

(2.) It appears that the decree-holder appellant obtained a decree for a large sum of money in the Calcutta High Court on its original side. The decree recited that the suit was "to recover Rs. 33,918-11-6 due for the price of goods sold and delivered with interest." That decree was transferred to the Shahabad Court for execution, at the instance of the decree-holder appellant. In the Shahabad Court the judgment-debtors, who appear to have been a family firm carrying on business in cloth, etc., made an application under Secs.18 and 14 of the Bihar Money-Lendera Act, alleging that "the claim of the decree-holder was based upon dues for balance of the value of goods purchased and despatched by the decree- holder as commission agent to the judgment-debtors including his commission, adhatdari, etc., and interest and costs." Then the objectors proceeded to give details of the arrangement between the parties whereby the agent (the decree- holder) had supplied goods on certain terms, the judgment-debtors agreeing to pay interest at 9, per cent, per annum on the outstanding amounts on an account being taken every year of the trans actions between the parties. Those allegations were supported by an affidavit sworn to by one of the judgment debtors in paragraph 4 of which it is stated that the decree holder is a registered money- lender under the Bihar Money-lenders Act (Act vii of 1959). To their application aforesaid the judgment-debtors annexed a copy of the plaint in Suit No. 1519 of 1934 on the original side of the Calcutta High Court, which resulted in the decree under execution. It would appear from the plaint that the plaintiff decree-holder was commission agent for the purchase of various kinds of piece-goods as required from time to time by the defendants to be des-patched to their two shops in the district of Shahabad. The terms on which this arrangement had been arrived at are also recited in detail. We are not concerned with those details, but one thing is clear that the nature of the transaction between the parties was that the plaintiff in his capacity as commission agent had agreed to purchase on behalf of the defendants firm, piece-goods and he advanced money for those purchases on interest at 9 per cent, per annum.

(3.) The learned Subordinate Judge examined the nature of the transaction in detail, and came to the conclusion that the Bihar Money-Lenders Act applied to the transaction and that therefore, Secs.13 and 14, Bihar Money-Lenders Act would operate in respect of the decree under execution. In that view of the matter, he allowed the application and directed that the properties be valued as prayed for by the judgment-debtors. Hence this appeal by the decree holder.