NARASIMHALU Vs. RAJESWARI

JUDGEMENT

(1.) THE defendants 2 to 8, legal heirs of the deceased sole defendant are the appellants in this second appeal.

(2.) THE plaintiff filed the suit for recovery of balance sum from the defendant due under the promissory note. According to the plaintiff the defendant executed a promissory note on 25. 1. 1988 for a sum of Rs. 12,000/= agreeing to repay the said sum with 12% interest. The defendant also purchased some lands from the plaintiff. For which, sale agreement was written on 22. 1. 1988 and on 25. 1. 1988 the same was registered. The sale consideration was fixed at Rs. 30,100/=. The defendant only paid 18,100/= and for the balance the said promissory note has been executed by him only on his advice. Thus the promissory has been executed only for the balance of sale consideration. Since the defendant failed to pay the balance, the plaintiff filed the suit for a sum of Rs. 15,600/= with interest.

(3.) THE defence put forward by the defendant is that the suit promissory note has been executed without any consideration. Even on the date of registration, the defendant has paid the entire sale consideration of Rs. 30,100/=. Since the plaintiff permitted the defendant to give the land on lease for a sum of Rs. 12,000/= per year, on the advice of the plaintiff, the defendant has executed the suit promissory note. Thus the suit promissory note has been executed only for the lease amount.