G JOHN SALATHIAL Vs. K RAJYALAKSHMI

JUDGEMENT

(1.) The Civil Revision Petition is filed by the revision petitioner-defendant in a small cause suit No.19 of 1996 on the file of the Senior Civil Judge, Yelamanchili. Aggrieved by the judgment and decree dated 28.2.1999 passed in the above small cause suit, the present revision is filed.

(2.) The small cause suit is filed to recover a sum of Rs. 8,594.00 together with costs and interest on the strength of an entry made in the cash book of the shop of the respondent-plaintiff maintained in regular course of business. In the plaint itself it was specifically stated that since she is a lady she had executed General Power of Attorney (GPA) in favour of one Srimannarayana to look after her affairs including the affairs of filing of suits on her behalf. The revision petitioner-defendant filed the written statement and had contested the matter. The defence of the revision petitioner-defendant is that he worked as a warden in the Social Welfare Boys' Hostel and one Venkataraju used to look after the affairs relating to the kirana shop as well as hostel building for the purpose of collection of rents on behalf of the owners and in fact, he has no knowledge about the respondent-plaintiff at all and the said Venkataraju was a permanent supplier of kirana articles to the said hostel since beginning and he used to pay amounts to the said Venkataraju and certain disputes arose between the revision petitioner and Venkataraju regarding the prices of kirana articles supplied to the hostel and, therefore, the revision petitioner stopped purchases of kirana articles from the shop of Venkataraju in the month of Feb., 1993 and started to purchase kirana articles from the shop of one Jagga Rao and hence Venkataraju bore grudge against him and as a consequence of it, the present suit is filed. It was specifically stated that he had not borrowed any amount and had not signed in the cash book of the respondent-plaintiff. P.W.1 was examined on behalf of the plaintiff who is the power of attorney holder and also Exs. A1 to A7 were marked. D.W.1 was examined on behalf of the revision petitioner-defendant and Exs. B1 and B2 were marked and the following points, for determination, were framed by the Court below:

(3.) On appreciation of the oral and documentary evidence, the Court below, on the strength of the entry made in the cash ledger book for the year 1993-94 Ex.A2 and also on appreciation of the oral and documentary evidence adduced by both the parties, had decreed the suit and aggrieved by the same the present revision is filed by the revision petitioner-defendant.