KONCHA HANUMA REDDY Vs. KOPPURAVARI SATYANARAYANA

JUDGEMENT

(1.) The Appellant filed O.S. No. 127 of 2006 in the Court of Junior Civil Judge, Darsi against the Respondent, for recovery of amount, on the basis of a promissory note, dated 10.10.1996. He pleaded that the Respondent borrowed a sum of Rs. 25,900/-from Peram Venkata Anil Kumar Reddy, a minor and his father by name Konda Reddy. The promissory note is said to have been transferred in favor of the Appellant on 10.12.1996. Alleging that in spite of repeated demands, the Respondent did not repay the amount, the Appellant filed the suit for recovery.

(2.) The Respondent filed a written statement opposing the suit. He pleaded that the promissory note was executed as a measure of renewal of an earlier transaction of the year 1994 and that substantial part of it was discharged towards his lenders. He further pleaded that the transfer of the promissory note in favor of the Appellant is defective in law.

(3.) The trial Court decreed the suit through judgment, dated 08.10.2007. Aggrieved thereby, the Respondent filed A.S. No. 2 of 2008 in the Court of Senior Civil Judge, Darsi. The appeal was allowed through judgment, dated 20.03.2009. Hence, this second appeal.