BOLLAM SAMBASIVAIAH Vs. BACHU SIVA PRASAD

JUDGEMENT

(1.) THIS second appeal is preferred by the plaintiff challenging the decree and judgment dated 30.4.2004 passed in A.S.No.44 of 2003 on the file of VI Additional District Judge (III Fast Track Court), Warangal at Mahabubabad, wherein the decree and judgment dated 14.11.2002 passed in O.S.No.19 of 1997 on the file of Senior Civil Judge Court, Mahabubabad was reversed. For the sake of convenience, the parties will hereinafter be referred to as they are arrayed in the suit.

(2.) THE case of the plaintiff is that he and the defendants belong to Nellikudur Village in Warangal District. The first defendant, at the time of carrying on business at Nellikudur, approached the plaintiff on 15.03.1994 with a request to lend an amount of Rs.40,000/ - for his business purposes. The plaintiff agreed to lend money if first defendant produces one surety. The second defendant who is wife of first defendant agreed to stand as surety. The plaintiff lent an amount of Rs.40,000/ - to the first defendant, who in turn executed promissory note dated 15.3.1994 agreeing to repay the same with interest at 2% per month. The second defendant also signed on the promissory note as surety. The first defendant incurred loss in the business and left the village in or around 1995 and has been staying at Hyderabad. The second defendant constructed a house bearing No.1 -8 -/19/1 in Kapra Municipality without the financial aid of first defendant. In spite of repeated requests, first defendant did not pay the amount covered under the promissory note. Hence the suit.

(3.) THE second defendant filed memo adopting the written statement filed by the first defendant.