T MANJULA DEVI Vs. TATA RAO

JUDGEMENT

(1.) THE plaintiff in O.S.No.108 of 1991 on the file of the III Additional Senior Civil Judge, City Civil Court, Secunderabad is the appellant. She feels aggrieved by the dismissal of the suit. The parties are referred to, as arrayed in the suit.

(2.) THE plaintiff filed the suit for recovery of a sum of Rs.4,17,188/ -, which includes principal of Rs.2,37,500/ - and interest of Rs.1,79,688/ -. It was pleaded that the deceased 1st defendant was her maternal uncle. He borrowed a sum of Rs.1,46,500/ - and as a measure of repayment thereof, he executed an agreement, dated 26.04.1988, Ex.A1, assigning one -third of his distribution rights of a film, by name 'Gopalaraogari Abbayi ', subject to a minimum of Rs.1,30,000/ -. It was pleaded that no amount whatever was received under that arrangement and between 04.06.1988 and 04.11.1988, he borrowed a further sum of Rs.91,000/ -.

(3.) THE 1st defendant filed a written statement stating that he borrowed a sum of Rs.82,500/ - from the plaintiff and arrangements under Exs.A1 and A2 were made to repay the amount. He pleaded that on failure of the attempts through Exs.A1 and A2, he repaid a sum of Rs.82,500/ - to the plaintiff, part in cash and part through demand drafts. As regards the title deeds, he stated that they were with his Chartered Accountant, by name Sri Subba Rao and the plaintiff has obtained the same clandestinely. He denied the execution of Ex.A3.