BANDA VENKATA SUBBARAO Vs. BALA SUBRAHMANYAM

JUDGEMENT

(1.) This revision petition is directed against the order of the Additional district Munsif, Bapatla, dated 17th September, 1960 in Small Cause Suit No. 2 of 1960 by which the suit filed by the petitioner herein for recovery of a sum of rs. 150-20 np. due on khata from the respondent has been dismissed with costs.

(2.) The plaintiff's case was that, he was a wholesale dealer in cloth, while the defendant-respondent was a retail seller. He was purchasing cloth from the plaintiff" and making payments from time to time. This covered a period from 6th March 1953 to 4th November, 1954, the last purchase being on that date. The defendant paid a sum of Rs. 100 towards the khata account on 19th December, 1956, the balance of the amount having remained unpaid. The plaintiff was, therefore, obliged to file a suit for the recovery of the amount.

(3.) The defendant pleaded in his written statement that there was khata dealing, between him and the plaintiff, but his contention was that there was no stipulation to pay interest. It was also urged by him that the suit was barred by limitation. The learned Munsif framed two points for consideration, vie. , (1) whether there was an agreement to pay interest, and (2) whether the suit was barred by limitation, and answered both the issues against the plaintiff. On that finding, he dismissed the suit with costs. It is against this order that the revision petition has been filed.