G RENUKA Vs. M PAPA RAO

JUDGEMENT

(1.) These two appeals arise out of the common judgment passed in A.S. Nos.24 and 15 of 1987 on the file of the Additional District Judge, Warangal.

(2.) In both the appeals, plaintiff is the appellant. Second Appeal No. 178 of 1988 arises out of the judgment in A.S. No. 24 of 1985 which was filed against the judgment in O.S. No. 229 of 1981 on the file of the Additional Subordinate Judge, Warangal, by the respondent herein. Second Appeal No. 260 of 1988 was filed against the judgment in A.S. No. 15 of 1987 by the appellant-plaintiff against that part of the judgment in O.S. No. 229 of 1991 refusing to grant interest to the plaintiff.

(3.) The facts in brief are that the appellant filed the suit O.S. No. 229 of 1981 against husband and her father-in-law for recovery of Rs. 17,150/- which is made up for Rupees 15,000/- principal and Rs.2,150/- interest, being the amount of dowry paid by her father before her marriage with the 1st defendant (who died during the pendency of the suit.) The father of the appellant paid a sum of Rs. 15,000/- by way of a cheque dt. 19-4-1974 infavour of the 2nd defendant on the Canara Bank, Warangal and that her marriage with the 1st defendant in the suit was performed on 3-5-1974. The 2nd defendant kept the amount in a fixed deposit and had not paid the amount to her. She filed O.P. No. 32 of 1979 on the file of the Subordinate Judge's Court, Warangal seeking for a decree of nullity of marriage. O.P. No. 109/78 was filed by her husband seeking restitution of conjugal rights. Though she demanded return of Rs. 15,000/- paid by her father as dowry, the same was not returned to her and therefore she filed the suit for recovery of the said amount with interest.