KARRI APPALAMMA Vs. BENDALAM SEETARAMA MURTHY

JUDGEMENT

(1.) The defendants in Small Cause Suit No.24 of 1995 on the file of Subordinate Judge, Spmpeta are the revision petitioners. The respondent is the plaintiff in the said suit.

(2.) The suit was filed for recovery of a sum of Rs.6,150.00 from the assets of Late Karri Domburu, now in the hands of defendants 1 to 3 i.e. the revision petitioners, being the principal and interest due on a promissory note cbted 8-9-1993 for a sum of Rs.5,000/- executed by Late Karri Domburu in favour of the respondent-plaintiff with interest at 12% per annum and subsequent interest and costs of the suit. The parties for the purpose of convenience will be referred to as plaintiff and defendants.

(3.) The plaintiff filed the suit pleading that one Karri Domburu, the father of defendants 2 and 3 and the husband of 1st defendant, borrowed a sum of Rs.5,000.00 on 8-9-1993 at Sompeta for the purpose of construction of a house and executed a promissory note agreeing to repay the same with interest at 24% per annum and subsequent thereto the said borrower did not repay any amount during his lifetime in spite of repeated demands and even after his death the defendants who are the legal heirs of the deceased borrower had not paid any amount despite the advocate's notice dated 9-2-1995. Hence, the suit was filed for recovery of amount.