TRIPURAMALLU VENKATESWARLU Vs. IDDEM PERAIAH

JUDGEMENT

(1.) Respondent filed the suit O.S.No.215 of 1979 against the appellant for recovery of the principal and interest due under the promissory note dated 10-12-1976 executed by the appellant in his favour. The case of the appellant is that the suit promissory note is a forged document. The trial Court decreed the suit. Hence the appeal by the defendant. During the pendency of the appeal, both the appellant and respondent died. So their legal representatives were brought on record as 2nd appellant and 2nd respondent respectively. For the sake of convenience, hereinafter the parties would be referred to as they are arrayed in the trial Court.

(2.) The specific case of the defendant in his written statement is that he, plaintiff and two others entered into a partnership in the name and style of 'Suseela Films' with effect from 14-9-1976 for exploiting a motion picture 'Kurukshetram'. The said firm incurred a loss of Rs.3,00,000/-.At the time of settlement of accounts an amount of Rs.62,844.02 ps was found to be due from the respondent to him. Since he has been demanding payment of the said amount, plaintiff brought into existence the suit promissory note and another promissory note and filed this suit and another suit against him.

(3.) The point for consideration is whether the suit promissory note (Ex.A1) is true and valid?