GEDELA PAPINAIDU Vs. GEDELA SEEMINAIDU ALIAS THAVITINAIDU

JUDGEMENT

(1.) In this Second Appeal, the reversing decree of the lower appellate court in A.S.56 of 1987 is challenged.

(2.) The defendant in the suit O.S.159 of 1977 is the appellant herein. The respondent-plaintiff filed the suit on the file of the District Munsif, Cheepurupalli for recovery of an amount of Rs.8,762.00 together with interest on the basis of the promissory note. The appellant herein did not dispute the execution of promissory note. However, he pleaded that the liability was already discharged. He took a further plea that he being a Small Farmer is entitled for the benefit under Act 7 of 1977.

(3.) The Trial Court framed two issues viz., (i) whether the discharge as pleaded by the appellant is true; and (ii) whether he is a Small Farmer and entitled for the protection under Act 7 of 1977. Since the plea of discharge was given up, the only issue before the Trial Court was the entitlement of the appellant under Act 7 of 1977. The Trial Court recorded a finding that the respondent held and possessed Ac.11-24 cents of land only and if the same is divided between the defendant and his two minor sons, they will get only Ac.3-70 cents each and the share being less than Ac.5-00, as provided for under Act 7 of 1977 the appellant was entitled for the benefit. Accordingly, the suit was dismissed.