DEVENDRAFPA BASAWANTAPPA Vs. KALLAYYA BASALINGAYYA

JUDGEMENT

(1.) This second appeal is by the defendant against the decree passed by the Civil Judge at Dharwar in R.A. No. 47 of 1974 modifying the decred passed by the Prl. Munsiff at Hubli in O.S. No. 527 of 1973.

(2.) The respondent Kallayya instituted . the suit for recovering the amount due under the pronote Ex P-1 dated 14-7-1972 executed by the defendant in his favour. The defendant resisted the suit inter alia conteding that the pronote is not supported by consideration, and that it being insufficiently stampedes not admissible in evidence.

(3.) The learned Munsiff held that the execution of the pronote is proved and that it is supported by consideration Though the learned Munsiff decreed the suit of the plaintiff, he made a direction for payment of the decretal amount in monthly instalments of Rs. 80 commencing from the 2nd of April, 1974. The defendant Devendrappa challenged the decree in the Court of the Civil Judge at Dharwar. The plaintiff also file cross-objections complaining against the grant of instalments. The learned Civil Judge allowed the cross-objections of the plaintiff and dismissed the appeal of the defendant. Hence, this second appeal.