HEERAKAR BALOJI Vs. KALERU VENKATAIAH

JUDGEMENT

(1.) The Plaintiff in O.S. No. 40 of 1984 on the file of the Subordinate Judge, Bhongir, is the Appellant herein.

(2.) The suit was filed for preliminary decree for redemption of the plaint schedule ornaments, which were pledged towards the loans and on determination of amount payable, to direct the Defendant to return the same.

(3.) According to the case of the Plaintiff, the 2nd Defendant is the son of the 1st Defendant. On 22-05-1975 the Plaintiff obtained a loan of Rs. 2,000/-from the 1st Defendant and pledged the schedule property ornaments and a document was executed. Subsequently, on 05-06-1975, on 28-06-1975 two loans of Rs.2,000/- each were obtained on the same pledge and Defendant No. 1 gave Plaintiff a small chit signed by the 2nd Defendant showing the principal amount as Rs. 6,000/-. The rate of interest agreed was 6% per annum. As the Plaintiff's financial condition went on dwindling day by day, he could not redeem the pledge by paying the loan amount. About four months prior to filing of the suit, the Defendants demanded more than Rs. 20,000/- for discharge of the loan saying that the principal amount, for which, the plaint schedule ornaments were pledged totaled Rs. 15,000/-. He suspected the bona fides of the Defendants and sought the mediation of the elders Patnam Venkat Narsaiah, Vasam Satyanarayana, Sadu Narayana Muthyam Prakash, Dathrak China Rajaiah, Kadipe Yadagiri and Kandari Rajaiah. The said elders assembled in the house of Dathri Yadagiri on 09-05-1982 and called the Defendants for settlement. Before the said elders, the Defendants admitted the pledge of the plaint schedule ornaments with them by the Plaintiff, but claimed Rs. 15,000/- as principal amount and interest at the rate of 24% per annum. When the Plaintiff showed the aforesaid documents to the elders, the Defendants got angry and scolded the Plaintiff and beat him with their slippers. In view of all the above facts, the Plaintiff cannot redeem the pledged ornaments. Hence the suit.