MALNEEDI SURYANARAYANA Vs. ALLURI LAKSHMIPATHI

JUDGEMENT

(1.) In this second appeal under Sec. 100 C.P.C. the defendants in the suit are the appellants and the respondent is the plaintiff. O.S.No.52 of 2008 was filed by the plaintiff seeking the following relief:

(2.) Defendants put in their contest. After due trial, the learned V Additional Senior Civil Judge, Guntur by judgment dtd. 31/12/2008 dismissed the suit. Aggrieved of it, the plaintiff filed A.S.No.152 of 2009. The defendants put in their contest. Learned first appellate Court agreed with the case of the plaintiff and set aside the lower Court judgment and allowed the appeal in the following terms:

(3.) At this juncture, it has to be noticed that the prayer in the suit shows preparedness of plaintiff to pay only Rs.30,500.00 towards balance sale consideration. However, the first appellate Court's direction to plaintiff indicates an additional payment of 24% interest. This aspect of the matter is one that is argued in this second appeal.