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1968 Supreme(MP) 160

SHIVDAYAL, S.M.N.RAINA
Ghanshyamdas – Appellant
Versus
Ghasilal – Respondent


Advocates appeared:
A. R. Naokar for appellant;
B. D. Gupta for respondent.

JUDGMENT

Shivdayal, J.-

1. This is defendants' appeal from a decree for Rs. 25,737.71 P. and interest Pendente-lite and future till realisation at 4% per annum.

2. Firm Mangturam Jhuthalal advanced loans from time to time to the defendants' firm. On February 28, 1962, the defendants signed an entry in the books of account of the creditor Firm. The suit loan was allotted to plaintiff Ghasilal when there was a partition of the Joint Hindu family Firm Mangturam Jhuthalal. The suit was for recovery of Rs. 25,737.71 P. as principal, Rs. 3925.29 P. as interest, and Rs. 7.60 P. as notice costs; total Rs. 29,670.60 P. The defendants resisted the suit on several grounds; two of them only need be mentioned. It was contended that the entry dated February 28, 1962, in the plaintiff's books of account could not be the basis of the suit as it was a mere acknowledgement. Secondly, the plaintiff being a money lender, the defendants were entitled to the benefit of the Money Lenders Act.

3. The trial Court held that the suit was maintainable but the plaintiff, being a money lender within the meaning of the Act, was not entitled to any interest because he did not comply with the mandatory provisions of
















































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