NALAMOTHO SAIBABA NAIDU Vs. POTHALA LAKSHMIBAYAMMA

JUDGEMENT

(1.) Plaintiff in O.S. No.10 of 1995 on the file of the Court of the Subordinate Judge, Kandukur, is the appellant For the sake of convenience, the parties would hereinafter be referred to as they are arrayed in the Trial Court.

(2.) Plaintiff filed the suit for recovery of Rs.30,330/- being the principal and interest due on the promissory note dated 17-12-1981, executed by late Pothula Venkata Narasaiah husband of the first defendant and father of the Defendants 2 and 3. The contention of the defendants is that the suit promissory note is a renewal of the earlier promissory notes and since the executant of the suit promissory note was an agriculturist within the meaning of A.P. (Andhra Area) Agriculturists Relief Act, 1938, hereinafter referred to as Act 4 of 1938, the transaction has to be reopened and interest has to be scaled down and if it is so scaled down the amount payable by them would only be Rs.9,890.06 ps. and that they have no objection for passing a decree for the said amount.

(3.) Basing on the pleadings the Trial Court framed four issues for trial. In support of his case, plaintiff examined himself as P.W.1 and the attestors of the suit promissory note as P.Ws.2 and 3, and the suit promissory note is marked as Ex.A.1, In support of their case defendants examined one witness as D.W.1 and marked Exs.B.1 to B.18 on their behalf. On Issue No.1, which relates to the question whether the plaintiff lent Rs.24,800/- under Ex.A.1, on Issue No,2, which relates to the question whether the suit promissory note is liable to be scaled as per the provisions of the Act 4 of 1938 and on Issue No.3, which relates to the principal amount lent by the father of the plaintiff to the executant under Ex.A.l as mentioned in Para 5 of the written statement the Trial Court held in favour of the defendants, and consequently on Issue No.4, which relates to the relief, passed a decree for Rs.9,890,06 ps. with interest at 6% per annum on Rs.3,400/- from the date of suit till the date of realization. Hence this appeal.