ANNEGOWDA Vs. T.P SHIVARAME GOWDA

JUDGEMENT

(1.) The captioned Second Appeal is filed by the unsuccessful defendant No.1 who has questioned the concurrent judgments of the Courts below wherein the plaintiff's suit seeking recovery of Rs.97,800.00 is decreed by both the Courts.

(2.) For the sake of brevity, the parties are referred as they are ranked before the Trial Court.

(3.) Plaintiff has instituted the present suit by alleging that he has sold land bearing Sy.No.1 in favour of defendant No.1. It is a specific case of the plaintiff that he has availed loan from defendant No.1, and therefore, having adjusted the loan amount to the tune of Rs.1,50,000.00, defendant No.1 was required to pay the balance amount of Rs.70,000.00. The plaintiff's grievance is that the balance amount of Rs.70,000.00 was not paid, and therefore defendant No.1 executed a demand pronote for a sum of Rs.70,000.00 assuring the plaintiff that he would repay the balance sale consideration. Plaintiff has further pleaded that defendant No.1, in turn, has sold the land in favour of defendant No.2, who, having received Rs.1,65,000.00, however, did not choose to repay the balance sale consideration of Rs.70,000.00 which was due to him. Hence, the present suit is filed seeking recovery of Rs.97,800.00 with interest.