KANHIYA LAL Vs. SHRI LAL

JUDGEMENT

(1.) THE only point which is involved in this revision petition is. as to whether in the facts to be presently stated, amendment in Section 26 (b) introduced by the Rajasthan Money Lenders (Amendment) Act, 1976 (hereinafter referred to as the 'amending Act') will apply to pending suits.

(2.) ONE Sura, who is now represented by his legal heirs, the non-petitioners, took a loan of Rs. 1100/- from the pjaintiff-petitioner on June 2, 1967, and executed a khata in favour of the plaintiff-agreeing to pay interest at Rs. 1/-percent per month. The plaintiff filed a suit against the said Sura for recovery of Rs. 1480/- within three years of June 2,1967. Sura contested the suit on the ground that he did not take any loan from the plaintiff nor did he execute a khata. He also raised legal objections that the plaintiff has not obtained a licence under the Rajasthan Money Lenders Act, 1963 (Act No. 1 of 1964) (here-inafter referred to as 'the Act'), and, therefore, the suit is not maintainable, and that the plaintiff has not kept the account books in accordance with the provi-sions of Sections 22 and 23 of the Act. nor the plaintiff has sent a copy of the account to the Registrar appointed under the provisions of the Act. The learned Munsif framed necessary issues. When the suit was pending, sections 11 and 26 (b) of the Act were substituted by the Rajasthan Money Lenders (Amendment) Ordinance, 1975 (Rajasthan Ordinance No. 14 of 1975), which was later on replaced by the Amending Act. The learned Munsif dismissed the suit of the plaintiff on March 13, 1976 on the ground that the provisions of Sections 22 and 23 of the Act have not been followed. The plaintiff preferred an appeal before the learned District Judge, Sawai Madhopur, who, vide his judgment upheld the view of the learned Munsif and accepted the appeal in part to the extent that the plaintiff shall pay only half of the costs incurred by the non-petitioners.