Ka Icilda Wellang & Ors. Vs. U. Lokendra Suiam (Dead) By Lrs.
EmailAppeal: Civil Appeal No. 2645 of 1977.
Petitioner: Ka Icilda Wellang & Ors.
Respondent: U. Lokendra Suiam (Dead) By Lrs.
Apeal: Civil Appeal No. 2645 of 1977.
Judges: O. CHINNAPPA REDDY & M.M. DUTT, JJ.
Date of Judgment: Feb 27, 1987
Head Note:
ASSAM MONEY -LENDERS ACT, 1934:
Money lender – Meaning of – A few disconnected and isolated transactions would not make the plaintiff a person engaged regularly in money lending business.
JUDGEMENT:
ORDER
Both the Appellate Court and High Court have found that the plaintiff was not a money lender within the meaning of Assam Money-lenders Act, 1934. The High Court observed that a few disconnected and isolated transactions would not make the plaintiff a person engaged regularly in money lending business. The approach of the High Court to the question was correct. We also notice that the defendants did not take the plea that the plaintiff was money-lender in the written statement nor did they adduce any evidence before the trial court that the plaintiff was a money lender. In view of this we find no merit in the appeal. It is, therefore, dismissed, but in the circumstances without costs.
Appeal dismissed.
Both the Appellate Court and High Court have found that the plaintiff was not a money lender within the meaning of Assam Money-lenders Act, 1934. The High Court observed that a few disconnected and isolated transactions would not make the plaintiff a person engaged regularly in money lending business. The approach of the High Court to the question was correct. We also notice that the defendants did not take the plea that the plaintiff was money-lender in the written statement nor did they adduce any evidence before the trial court that the plaintiff was a money lender. In view of this we find no merit in the appeal. It is, therefore, dismissed, but in the circumstances without costs.
Appeal dismissed.
