SHAKUNTALA GUPTA Vs. KIRAN BHARTIA

JUDGEMENT

(1.) This appeal is filed challenging the judgment and decree of dismissal dated 13.12.2006 passed in O.S.No.4198/1993, on the file of the VI Additional City Civil Judge, Bangalore (CCH-11).

(2.) The parties are referred to as per their original rankings before the Court below to avoid the confusion and for the convenience of the Court.

(3.) A suit was filed by the appellant - plaintiff for recovery of a sum of Rs.29,250/- with interest at 24% per annum contending that the defendant No.1 had purchased the flat from the defendant No.2 and he was in short fall of the amount. Hence, he approached the plaintiff for an amount of Rs.17,500/-on 4.1.1990. The defendant No.1 executed the promissory note and consideration receipt with a promise to repay the amount with interest at 24% per annum. The defendant No.1 failed to repay the amount. Hence, legal notice was issued on 1.4.1993. Inspite of the issuance of the legal notice, the defendant No.1 did not pay the amount and also did not give any reply to the notice. With interest at 24% per annum from 4.10.1990 to 4.7.1993, the defendant No.1 is liable to pay a sum of Rs.29,250/-. Hence, the plaintiff filed the suit for recovery of the same.