K SHIVALINGAIAH Vs. B V CHANDRASHEKARA GOWDA

JUDGEMENT

(1.) This appeal by the plaintiff is preferred against the judgement and decree dated 29-11-1986 passed by the learned XII Additional City Civil Judge, Bangalore City, in O.S. No. 2379/1983. Respondents-1 to 3 are defendants 1 to 3 in the aforesaid suit. In this judgement the appellant will be referred to as the plaintiff and respondents 1 to 3 as defendants 1 to 3.

(2.) Defendants-1 and 2 resisted the suit. They, inter alia, contended that they had no transaction with defendant-3, that their father Venkategowda died in the year 1979 and in the year 1980 they were told by K. Siddalingaiah, who died on 14-12-1980; that their father was due to him in a sum of Rs. 20,000/-; that believing the words of K. Siddalingaiah they affixed their signatures to the document on 9-2-1980. They also further alleged that on the suggestion of late K. Siddalingaiah the name of S. Ankaiah (defendant-3) was also inserted in the lenders column and no consideration was passed under the document; that the pronote in question was not legally enforceable; that it was materially altered; that the suit was not in time; that the assignment of the alleged debt by defendant-3 in favour of the plaintiff was not true; that it was an attempt to show that the assignment was for consideration; that the plaintiff was put to strict proof of the same; that the interest claimed was usurious; that the plaintiff and Ankaiah were money lenders and that they did not possess valid money lending licence as per law. Thus, they prayed for dismissal of the suit.

(3.) Defendant-3 did not file any written statement. He was examined as PW 2.