MOHAMMAD MEHDI Vs. MTNARAIN DEI

JUDGEMENT

(1.) This appeal arises out of a suit instituted by the appellant Raja Syed Mohammad Mehdi for recovery of Rs. 64,512 on the foot of a mortgage.

(2.) The controversy between the parties is now confined to issue 3 which was as follows: Is the plaintiff a professional creditor under Section 32, U.P. Agriculturists Relief Act, as alleged? If so, is the defendant not liable to pay interest and costs of the suit since the date of the enforcement of the Act as pleaded? Its effect?

(3.) The mortgage-deed was executed on 31 July 1928 by the defendant- respondent Mt. Narain Dei in lieu of Rs. 18,000. It carried interest at the rate of 9 per cent. per annum compoundable yearly. The property hypothecated under it was mohal Bhaiya Nageshwar Prasad, village Yorki, district Faizabad. The plain-tiff did not supply to the debtor any statement of account in compliance with Section 32, Agriculturists Relief Act, and the sole question which arises for determination is whether or not he is liable to the penalty laid down in Section 34. The determination of the point involved in the appeal depends upon whether the plaintiff was or was not a creditor within the meaning of Section 32. The learned Additional Civil Judge of Faizabad held that he was. The Raja is dissatisfied with that decision and has come up in appeal.