N.K. Mody, J. - (1.)Being aggrieved by the judgment and decree dated 25 February. 1999 passed by Additional District Judge, Bhanpur, Dist. Mandsaur in Civil Suit No. 5B/1998 whereby suit filed by respondent was decreed holding that respondent is entitled to recover a sum of Rs. 28,968.00 from the appellant is up to the extent estate left by deceased Mathuralal along with interest @ of 6% p.a. from 16.7.1990, the present appeal has been filed.
(2.)Short facts of the case are that the respondent Nanalal filed a suit against appellants who are legal representatives of deceased Mathuralal on 17.7.1990 for realization of Rs. 28,968.00 alleging that Mathuralal took, a sum of Rs. 21,300.00 as loan on 17.8.1987 and executed a promissory note in favour of respondent. It was alleged that Mathuralal also agreed to pay interest @ of 12% p.a. It was also alleged that Mathuralal did not repay loan amount along with interest in spite of reminders, hence the notice was given by the respondent on 11.7.1990, but no reply was given hence the suit. It was alleged that respondent is entitled for a sum of Rs. 28,968.00which includes principal amount of Rs. 21,300.00 and interest from 17.7.1987.
(3.)The suit was contested by the appellants on various grounds including on the ground that the respondent is a money lender and without holding a valid licence is doing the business of money lending which is in violation of Provisions of Money Lenders Act, hence the suit deserves to be dismissed. It was also alleged that no loan was taken by deceased Mathuralal for which the appellants are liable. It was alleged that on the contrary there was a dispute relating to expenses of the construction of well and at that time respondent agreed to pay a sum of Rs. 18,000.00 to the father of appellants. It was also denied that any notice was given by the respondent to deceased Mathuralal before filing of the suit. It was prayed that the suit filed by the respondent be dismissed. On the basis of the pleading of the parties, learned Trial Court, framed the issues recorded the evidence and decreed the suit for Rs. 28,968.00 along with interest at the rate of 6% per annum with effect from 16.6.1990, against which the present appeal has been filed.