LANKA PUNYAVATAMMA Vs. HARI VENKATA SATYANARAYANA

JUDGEMENT

(1.) These cases raise a common question relating to the interpret ation of section 13 of the Madras Agriculturists Relief Act, IV of 1938 (hereinafter referred to as the Act) and a decision rendered in one of them will govern a 1 the three. We shall, therefore, deal with one of them, S.A. No. 234 of 1955.

(2.) The short facts of the case are these. The respondent executed a promissory note on 28th September, 1949, for a sum of Rs. 3,953 stipulating to pay interest at 12 per cent. per annum in favour of the appellant's brother. This promissory note was transferred to the appellant on 11th August, 1952 and he brought the suit which has given rise to this Second Appeal, for recovery of Rs. 3,200 being the balance due thereunder after adjusting the payments already made. The earliest promissory note executed by the respondent was on 15th September, 1946, the first renewal being on 4th September, 1948.

(3.) The main defence to the suit was that the various payments made by the defendant should be re-opened and re-adjusted towards interest calculated at 5 per cent. per annum, as provided in section 13 of the Act. This defence did not find favour with the Subordinate Judge and he decreed the suit as prayed for.