Decided on August 28,1981

DURGAPPA Respondents


- (1.) This appeal by the plaintiff is directed against the judgment and decree dated 15-10-1974 passed by the District Judge, Bellary, in RA No. 64 of 1974 on his file allowing the appeal on reversing the judgment and decree dated 29-7-1972 passed by the Munsiff, Harapanahalli, in OS No. 215 of 1971 on his file decreeing the suit of the plaintiff as prayed for.
(2.) The plaintiff instituted a suit in the Court of the Munsiff, Harapanahalli, for the recovery of Rs. 7,626 with costs and current interest from the defendant on a simple mortgage bond dated 17 8 1962 (Ex. D 1). The defendant borrowed a sum of Rs. 3,800 from the plaintiff on 17-8-1962 and, according to the plaintiff, executed a simple mortgage bond, Ex. D 1 in respect of his land bearing Sy. No. 159 of Hiremegalageri measuring 6 acres 32 cents. Interest was agreed to be paid at 12% per annum. According to the plain- tiff the defendant did not repay the amount due under the mortgage bond. Further he averred in the plaint that the defendant managed to get back the mortgage bond by practising fraud on the plaintiff. The plaintiff prayed for a decree against the defendant for realising Rs. 7,626-35 together with costs and current interest by the sale of the mortgaged property.
(3.) The defendant resisted the suit by filling his written statement. on 12-2-1972. He affirmed that the mortgage debt was duly discharged. He had paid Rs. 2,200 on 26-6-1968, Rs. 1,000 on 27 6 1968, Rs. 1,800 on 30-6-1968 and Rs. 1,000 on 1-7-1968. He had subsequently paid Rs. 400 in cash to the plaintiff within a month thereafter. The plaintiff had returned the original mortgage deed to the defendant and its head was torn in token of full satisfaction as was customary. He denied that he managed to get the mortgage deed by practising fraud on the plaintiff. The plaintiff was a money lender. He had no licence. On these, he prayed that the suit be dismissed.;

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