KARAMALAPUTTI KRISHNAMURTHY CHETTY Vs. K. SUBBAIAH CHETTY

JUDGEMENT

(1.) THIS appeal is filed as against the judgment and decree made in O.S. No. 131/84 on the file of the Principal Subordinate Judge, Chittoor, dated 6.6.1987. The unsuccessful defendant in the suit is the appellant. The respondent -plaintiff who had instituted the suit in O.S. No. 131/84 on the file of Principal Subordinate Judge, Chittoor died pending the appeal and respondent Nos. 2 to 4 were brought on record as legal representatives of the deceased first respondent by an order, dated 23.9.1998, made in C.M.P. No. 18457 of 1998 For the purpose of convenience, the parties will be referred to as plaintiff and defendant. The deceased plaintiff had instituted a suit for recovery of Rs. 56,894.25 being the principal and interest due under two different promissory notes transferred in favour of the said plaintiff. It was pleaded in the plaint that the defendant executed a promissory note on 27.9.1978 for Rs. 10,500/ - for consideration in favour of one Varalakshmamma, the transferor of the plaintiff, promising to repay the same with interest at 24% per annum. It was also pleaded that on 12.9.1981, the defendant paid Rs. 100/ - towards interest and endorsed the same on the promissory note. It was also further pleaded that the defendant also borrowed a sum of Rs. 17,000/ - from one Narayanachetti, who is none other than the son -in -law of the plaintiff for consideration and executed a promissory note on 27.9.1978 promising to repay the same with interest at 24% per annum and on 12.9.1981 the defendant paid Rs. 50/ - towards interest and also made a payment endorsements thereon. It was also pleaded that the above said two promissory notes were transferred in favour of the plaintiff by an endorsement of transfer dated 7.3.1984 and 5.6.1983 by Varalakshmamma and Narayanachetti respectively. It was further pleaded that in spite of several demands made by the plaintiff and issue of notice dated 22.3.1984, the defendant did not pay the amount due under the aforesaid promissory notes and further had issued a reply notice dated 11.4.1984 with all false and untenable allegations and the plaintiff had suitably issued a rejoinder to the same.

(2.) WHETHER the defendant on 27.9.1978 did not borrow Rs. 17,000/ - from the son -in -law of plaintiff and execute the 2nd promissory note?

(3.) WHETHER the defendant on 27.9.1980 did not pay Rs. 50/ - to the son -in -law of the plaintiff and endorse the same on 2nd suit promissory note?