KATTE SHIVAPPA Vs. KORI ERANNA

JUDGEMENT

(1.) This is a defendant's revision against the judgment and decree dated 5-11-1982 passed by the Civil Judge, Hospet, in Small Cause Suit No. 56 of 1981 decreeing the suit.

(2.) The plaintiff filed the suit alleging that he gave Rs. 2.000/- and Rs. 200/- in cash to the defendant on 5-7-1979 and that the defendant executed the suit pronotes on 5-7-1979 after receiving the cash. He did not pay the amount due under both the pronotes. Hence the suit.

(3.) The defendant resisted the suit by contending that the consideration under the suit pronotes had not passed to him at all and that he executed the suit pronotes as the plaintiff promised that he would pay the amount later on and that the plaintiff did not pay the money at all at any time. He also urged that the plaintiff was also a money lender within the meaning of the Karnataka Money Lenders Act, He also urged that he was a debtor within the meaning of the Karnataka Debt Relief Act and that he prayed for dismissal of the suit.