NAGABHUSAPPA Vs. LAXMINARAYANA

JUDGEMENT

(1.) This is defendant No. l's revision against the Judgment and decree dated 6-12-1980 passed by the Civil Judge, Yadgir, in R.A. 173 of 1979, reversing the Judgment and decree dated 29-6-1979 passed by the Munsiff, Shorapur, in O.S. 67 of 1977 dismissing the suit.

(2.) The plaintiff filed the suit alleging that the defendants, who are his friends, borrowed Rs. 1,000/- from him on 22-12-1973 after executing a deed in his favour. It was agreed that the money should be repaid within one year. It was further agreed that in case of their failure to repay the money, the plaintiff would be entitled to recover the said money by sale of R.S. No. 99 measuring 19 acres 18 guntas assessed at Rs. 32-19, situated at Mangloor. After the expiry of one year stipulated in the document, he called upon the defendants to pay the money. He sent lawyer's notice and chits to the defendants requesting them to repay the money. Not-withstanding so many requests, the defendants did not repay the same. Hence, the suit.

(3.) The defendants denied the execution of the document or the passing of consideration. They denied all the allegations in the plaint.