MANEPALLI RAJARATNAM Vs. DAMERA SATYANARAYANA

JUDGEMENT

(1.) The defendant is the appellant, who is aggrieved against the judgment and decree in A.S. No.152 of 1979 dated 20-10-1983 on the file of the I Additional Subordinate Judge at Kakinada arising out of judgment and decree in O.S. No. 100 of 1976 dated 26-4-1979 on the file of the I Additional District Munsif, Kakinada.

(2.) The suit is filed for recovery of a sum of Rs.4,664-52 from the defendant by sale of schedule property. As per the plaint, the defendant purchased land from the plaintiff on 6-5-1969 under a registered sale deed, wherein it was agreed for certain amounts to go in discharge of debts due to creditors. However, the same having not been paid, one of the creditors obtained a decree in O.S. No.839 of 1972 on the file of the District Munsif, Kakinada, who laid execution and sought to proceed against the property. The claim filed by the plaintiff was allowed. However, the amount under the decree was paid on 13-8-1975 in full satisfaction. Though the plaintiff issued a notice, the defendant replied with false allegations. Hence the suit.

(3.) In defence, the case of the appellant was that though the sale to plaintiff was admitted with the terms and conditions, the said creditor suppressed payments made to him and collusively obtained a decree in O.S. No.837 of 1972 and the alleged payments later by the plaintiff are also collusive. Apart from other allegations and denying the contents of the plaint, it was pleaded that the suit is barred by limitation.