RUDRAIAH @ B.R. SWAMY Vs. S.M. VEERAIAH

JUDGEMENT

(1.) The present appellant was the plaintiff in the trial Court who has instituted a suit in O.S. No. 76/2002 against the present respondent herein for the recovery of money.

(2.) For the sake of convenience, the parties would be referred to as per their ranks before the trial Court.

(3.) The summary of the plaint averments was that on 20.5.1999, the defendant had borrowed a sum of Rs. 17,500/- from the plaintiff and had executed an on demand promissory note agreed to repay the said amount with interest at the rate of 8% per month. The defendant was postponing the repayment of the said loan amount on one or the other pretext. On 30.3.2001, the plaintiff had got issued a legal notice, demanding the defendant to repay the loan amount with interest thereupon. The defendant gave an untenable reply dated 19.4.2001. As such, the plaintiff instituted a money recovery suit claiming an amount of Rs. 26,390/- from the defendant.