MALLAPPA REVANAPPA DONGAON Vs. GURUSIDDAPPA DANAPPA PAWALE

JUDGEMENT

(1.) This second appeal is filed by the plaintiff challenging the judgment and decree dated July 25, 1985 of the Prl. Civil Judge, Bijapur in Regular Appeal No. 1 of 1984 arising out of the judgment and decree of the Munsiff and JMFC, Indi dated November 22, 1983 in Original Suit No. 38 of 1981.

(2.) Plaintiffs suit is one for recovery of a sum of Rs. 5,000/-being the principal and Rs. 2,400/- being the interest, in all Rs. 7,400/- borrowed by the defendant as a hand loan on a receipt, Exhibit P-2 dated August 5,1978. The defendant resisted the suit contending amongst other grounds that the debt is discharged by making payments in instalments commencing from March 31, 1979 to April 10, 1980. Several issues were framed based on the pleadings and the Trial Court on the question of plea disagreed with the defendant's case and decreed the suit.

(3.) Defendant carried appeal before the Prl. Civil Judge, Bijapur. The Appellate Court on reappraisal of evidence found that the plea of discharge is not established. However, both the Courts below held against the defendant on other pleas that the plaintiff is a" money lender and a debtor within the meaning of that expression contained in the Karnataka Debt Relief Act and the suit is barred both under the provisions of the Karnataka Money Lenders Act and the KDR Act. Hence, the second appeal by the plaintiff.