MALLADI KRISHNAYYA Vs. TADIKONDA SIVA SURYAPRAKASA RAO

JUDGEMENT

(1.) The plaintiffs who filed the suit for Rs.3,15,853.50 Ps. with subsequent interest against the sole defendant which is for recovery of Ex.A1-suit pro-note dated 09.01.1988 principal sum of Rs.1,74,000/- with interest thereon @ 27% per annum simple from the date of pro-note till date of suit (the suit filed on 16.01.1991 in view of the intervening Pongal vacation to the Courts from 01.01.1991 to 15.01.1991 both days inclusive) which interest comes to Rs.1,41,853.50, thus the suit claim is for Rs.3,15,853.50 with subsequent interest thereon sought at @ 27% per annum and for costs; having been aggrieved by the trial Courts decree and judgment decreeing the suit claim in part for Rs.1,00,000/- adjudged as principal sum and Rs.1,97,253.97 as interest at 12% per annum on said principal sum from 09.01.1985 (as the Ex.A1-suit pro-note dated 09.01.1988 held renewal of Ex.A2 earlier pro-note dated 09.01.1985 for Rs.1,00,000/-) and for proportionate costs Rs.10,624.50; by impugning the same preferred the appeal.

(2.) The contest of plaintiffs/appellants in the grounds of appeal as well as the submission during course of hearing by counsel for the appellants that the trial Court went wrong in not decreeing the suit as prayed for and also in reducing or scaling down rate of interest having held the Act No.4 of 38 has no application and hence to allow the appeal decreeing the suit as prayed for before the trial Court, with costs.

(3.) The sole dependant T.S.S.P. Rao, as sole respondent in the appeal since died, and his sons by name Ram Kishore and Madan Kishore representing his estate being his legal representatives brought on record as per the orders in CMP.No.5159 of 2000 dated 19.06.2000 as respondent Nos.2 and 3 of the appeal who are contesting the appeal by engaging advocate.