MODEN VENKATARAMANA Vs. PALAGIRI RASOOL SAHEB

JUDGEMENT

(1.) The Second Appeal is filed against the judgment and decree rendered by the learned Senior Civil Judge, Pileru reversing the judgment and decree of the learned District Munsif, Vayalapad in O.S.No.45 of 1988.

(2.) The appellant is the plaintiff. He filed suit in O.S.No.45 of 1988 for recovery of certain amount on the basis of a pronote dated 15-3-1985. The defendant resisted the suit on the ground that no consideration was passed under the said pronote and that the pronote was executed as security for the chit, which he had lifted from the plaintiff who has been doing chit business and he was a subscriber of a chit of the value of Rs. 15,000/-. After the chit was lifted, he had executed the pronote as a security and therefore, there was no consideration at all. The defendant also contended that he is a small farmer and he is entitled for the protection under A.P. Act No.45 of 1987.

(3.) On the basis of the respective contentions, the lower court framed the following issues: