ANANTHA RAMANA E Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Defendant is the petitioner before this Court. The respondent filed a suit for recovery of a sum of Rs. 9,681.30 from the petitioner herein before the learned trial Judge. The plaintiff/respondent proceeded on the basis that the defendant/petitioner had taken loan of Rs. 5,000.00 from the plaintiff-Bank towards agricultural expenses on 22-8-1988. The said loan was collaterally secured by agreement for hypothecation executed by the defendant/ petitioner on the same day in terms whereof he had agreed to repay the said amount with interest at 11.5% per annum. It is the further case of the plaintiff/respondent that the defendant/petitioner executed revival letters on 26-10-1989 and 21-10-1992.

(2.) The defendant/petitioner in his written statement admitted the borrowing of the aforementioned sum. He, however, denied the execution of the hypothecation agreement, revival letters, etc.

(3.) The plaintiff/respondent in support of its claim examined two witnesses and proved certain documents, which were marked as Exs. A-1 to A-6. The defendant/ petitioner also deposed in the suit and exhibited certain documents. He also examined one Sanga Narayana. The learned trial Judge framed the following issues for consideration: