THIRUMANI Vs. NARAYANA PADAYACHI

JUDGEMENT

(1.) The plaintiff is the appellant herein. He filed the suit on a promissory note. The suit was resisted by the defendant on the ground that the suit promissory note was not a genuine one and he, being an agriculturist, is entitled to the benefits of Act 13 of 1980. Having accepted the plea of the plaintiff, the trial Court decreed the suit. Aggrieved by this judgment, the respondent herein filed an appeal before the lower appellate Court, which in turn, allowed the appeal by dismissing the suit.

(2.) Though the lower appellate Court accepted the plea of the plaintiff that the suit promissory note was a genuine one, it gave a finding on the basis of Ex. B . 12 to Ex. B.17 that the defendant owns properties only worth about Rs. 13,000/- which are less than Rs. 25,000/-, the amount prescribed under Act 13 of 1980 and hence, the respondent herein is entitled to the benefits of Act 13 of 1980. This is challenged by the plaintiff/appellant herein.

(3.) The counsel for the appellant would press into service the following contentions :-