MADDULA SUBRAHMENYESWARA RAO Vs. VALAVALA ANJANEYULU

JUDGEMENT

(1.) All these three appeals are preferred against the decrees and judgments, dtd. 20/10/2011, passed in O.S.No.134 of 2006, O.S.No.155 of 2007 and O.S.No.135 of 2006 respectively on the file of the Court of the VI Additional District Judge, Fast Track Court, Narsapur, West Godavari District.

(2.) At the outset, the pleadings of the parties in each appeal are stated hereunder:

(3.) The plaint averments in O.S.No.134 of 2006, in brief, are that the defendant borrowed an amount of Rs.15,000.00 from the plaintiff on 18/5/1994 for his family necessities and to discharge sundry debts and executed a demand promissory note in favour of the plaintiff agreeing to repay the same with interest at 36% per annum with yearly compoundable rests. Thereafter, on demand, the defendant made part payments on three occasions and made endorsements on the reverse page of the promissory note. When the defendant failed to discharge the entire debt, the plaintiff got issued a legal notice, dtd. 27/4/2006. Having received the notice, the defendant kept quite. The defendant is not an agriculturist and he is a businessman and the provisions of Act 7 of 1977 are not applicable to him. Hence the suit.