VISWANATHAM BALA SUBBA RAYADU Vs. LAKKI REDDY CHENNAMMA

JUDGEMENT

(1.) THIS appeal is at the instance of the defendant against the judgment and decree in O. S. No. 19 of 1981 dated 28-2-1986 on the file of the Subordinate Judge, Proddatur decreeing the suit filed by the respondent herein for recovery of Rs. 46,654-15 towards principal and interest in pursuance of a simple mortgage deed dated 24-4-1969 executed by the defendant in favour of the plaintiff for a sum of Rs. 12,000/- agreeing to pay with interest at 12% per annum. The suit is laid on the claim that the defendant borrowed rs. 12,000/- on 24-4-1969 and executed a simple mortgage deed agreeing for payment of 12% interest per annum. In spite of that since no payment was paid, the suit was filed.

(2.) IN defence, the defendant admitted the execution of the mortgage deed but however, raised the plea of absence of consideration and also that the document was executed at the instance of his brother. Further, it was also claimed that the execution was done only with a view to showing the debts incurred by him to his creditors. The plaintiff is not entitled to the same.

(3.) ON these pleadings, the Court below had framed the issues. During the trial, the plaintiff examined himself as P. W. 1 and on behalf of the defendant, D. Ws. 1 and 2 were examined and Exs. A-1 and A-2 were marked. However, no documents were marked by the defendant. On a consideration of the evidence and material on record, the Court below has decreed the suit holding that the defendant is liable for the amounts under the suit mortgage.