PYDIMARRI VENKATESWARLU Vs. PYDIMARRI JALAMMA

JUDGEMENT

(1.) The appellant is the plaintiff in O.S.No.6 of 1995 on the file of Principal Senior Civil Judge's Court, Nellore. The 1st respondent/1st defendant died during pendency of the suit, and the 2nd respondent/ 2nd defendant added as legal representative of the 1st respondent/ 1st defendant in the suit. Originally, the suit was instituted by the appellant against the 1st respondent for recovery of a sum of Rs.1,87,880.00 with interest and costs, and after the death of the 1st respondent/1st defendant, sought decree against the estate of the 1st defendant in the hands of the 2nd respondent/2nd defendant.

(2.) The appellant and the 2nd respondent hereinafter referred to as plaintiff and 2nd defendant as arrayed before the trial Court.

(3.) The plaintiff instituted the suit against the 1st defendant for recovery of a sum of Rs.1,87,880.00 with interest against the estate of the 1st defendant in the hands of the 2nd defendant. It is the contention of the plaintiff that the 1st defendant, who is no other than his sister had borrowed a sum of Rs.1,22,000.00 from him and agreed to repay the same with interest at 18% per annum, and executed Ex.A1/promissory note on 10/12/1991, who agreed to repay the debt after selling the house property stands in her name, settled by her husband. The plaintiff submits that the husband of the 1st defendant died, and thereafter he went to Kanigiri to attend funerals and returned to Nellore, and then the 1st defendant executed a sale deed in favour of his relatives as if she sold the house property for Rs.1,50,000.00. The plaintiff said to be demanded the 1st defendant to repay his debt, which she has not repaid.