C SUBBAIAH SETTY Vs. SAVTTHRAMMA

JUDGEMENT

(1.) This second appeal under Section 100 of the C.P.C. has been filed by plaintiff Subbayya Setty (since deceased by his L.Rs.) against the respondent-defendant Savithramma.

(2.) This appeal arises out of Regular Appeal No. 33 of 1983 on the file of the Additional Civil Judge, Bangalore District, Bangalore, dismissing the appeal and confirming the judgment and decree passed by the learned Munsiff, Anekal, in Original Suit No. 381 of 1979, dated 23-10-1982.

(3.) This suit was filed by the plaintiff (since deceased by hisL. Rs.) against the defendant for recovery of the balance of principal amount of Rs. 4,000/- with interest at 18% amounting to Rs. 2,160/- in all Rs. 6,160/-. This amount, according to the plaintiff, is the amount due by the defendant to the plaintiff towards the balance of sale consideration in respect of sale deed dated 1-11-1972 (Ex. D-2) which was compulsorily registered on 13-9-1976. The sum and substance of the plaintiffs case is that the sale consideration under Ex. D-2 was Rs. 8,000/-. The defendant paid Rs. 4,000/- on 1-11-1972 and she has not paid the balance. Hence the suit.