BHOOVARAHA KOUNDER Vs. BHOOVARAHAMURTHY RAO

JUDGEMENT

(1.) FOR the The appellant is the first defendant and the first respondent is the plaintiff before the courts below. Respondents Nos. 2 and 3 in this second appeal are defendants Nos. 2 and 3 before the trial court and they have been given up in this second appeal.

(2.) THE first respondent/plaintiff filed the suit in O. S. No. 313 of 1981 on the file of the Principal District Munsif's Court at villupuram for recovery of a sum of Rs. 5, 551. 30 on the following grounds : the appellant/first defendant advanced a sum of Rs. 5, 000 on a promissory note dated August 25, 1969, to one Ranganatha Iyengar and a sum of Rs. 1, 000 was paid and endorsed on the suit pronote on May 7, 1970. THEn the appellant/first defendant assigned the suit pronote on August 1, 1970 , for valid consideration in favour of the first respondent/plaintiff herein. THE first respondent/plaintiff herein on the basis of the assigned pronote filed a suit in O. S. No. 721 of 1979, against the said ranganatha Iyengar and obtained a decree against him on June 27, 197 1. THE first respondent/plaintiff was able to realise only a sum of Rs. 1, 846. 93 by means of rateable distribution. THEreafter the first respondent/plaintiff filed another execution petition for attachment of a house at Poiyapakkam as though belonging to the said Ranganatha iyengar. One Krishnaswamy Iyengar claimed the said house at Poiyapakkam village as his own property by filing a claim petition in E. A. No. 1754 of 1974 on the file of District Munsif's Court at Villupuram and the said claim petition was allowed. THEn the first respondent/plaintiff herein filed a claim suit in O. S. No. 299 of 1975 to set aside the claim order passed in E. A. No. 1754 of 1974 and the said suit in O. S. No. 299 of 1975 was dismissed. THEreupon the first respondent/plaintiff preferred an appeal in A. S. No. 19 of 1978 and the same was also dismissed on September 14, 1979. THEreafter the first respondent/plaintiff issued a notice calling upon the appellant/first defendant herein to pay the balance amount due to him. THE appellant/defendant issued a reply denying his liability. Hence the present suit was filed. THE appellant/first defendant filed a written statement as well as an additional written statement admitting the execution of the pronote dated August 25, 1969, by Ranganatha Iyengar in his favour and also the assignment of the suit pronote in favour of the first respondent/plaintiff but the appellant/first defendant pleaded that he has no knowledge about the execution proceedings taken by the plaintiff against Ranganatha Iyengar, and the assignment consideration was paid to him by defendants Nos. 2 and 3 by virtue of a sale deed executed by the first respondent/plaintiff in favour of defendants Nos. 2 and 3 herein, and the first respondent/plaintiff has no right to file the suit against the appellant/first defendant and the suit claim is barred by limitation, and so the suit must be dismissed with costs.