SALLEPALLI NARASIMHA REDDY Vs. YERRAM PEDDA SUBBA REDDY

JUDGEMENT

(1.) This appeal is preferred by the defendant challenging the decree and judgment dated 11.10.2004 in A.S.No.5 of 2003 on the file of Senior Civil Judge Court, Allagadda, reversing the decree and judgment dated 10.4.2003 in O.S.No.174 of 1999 on the file of Junior Civil Judge Court, Allagadda. The parties are hereinafter referred to as they arrayed in the suit.

(2.) The case of the plaintiff is that the defendant borrowed an amount of Rs.50,000/- from him on 30.3.1997 and executed a promissory note agreeing to repay the same with interest at 24% per annum. In spite of repeated demands, the defendant did not choose to repay the amount. On 21.4.1998, the plaintiff got issued notice directing the defendant to repay the amount. The defendant issued a reply notice stating that the promissory note is a forged one. Hence, the suit.

(3.) The defendant filed written statement inter alia contending that he did not borrow any amount from the plaintiff and the suit promissory note might have been forged and fabricated by the plaintiff keeping in mind the land dispute between them. The defendant also issued reply to the legal notice got issued by the plaintiff.