P VENKATAMMA Vs. DONTHAM SULOCHANA

JUDGEMENT

(1.) THIS second appeal is filed under Section 100 of C. P. C. , by the defendants in O. S. No. 85 of 1993 on the file of the Subordinate judge, Nalgonda. Respondent filed that suit for recovery of a sum of rs. 95,175/-, with interest.

(2.) RESPONDENT pleaded that she sold an extent of Ac. 6. 38 guntas of land in Sy. No. 357 of Nalgonda, to the 1st appellant for a consideration of Rs. 1,40,000/-in March 1991. It was her case that few months thereafter, the appellants approached her for a loan of Rs. 1,95,500/-, for developing a mango garden in the land purchased by them. Respondent is said to have lent that amount, after obtaining promissory notes, executed by the 1st appellant, with the 2nd appellant, figuring as surety.

(3.) IT was stated that the 1st appellant did not repay the amount even after two years, and that the matter was taken to the elders, viz. , gutha Mohan Reddy, Azaz Ahmed Asgar, B. Saidulu and G. Raju. They are said to have brought about a settlement, according to which, the respondent should restrict her claim to Rs. 1,40,000/-; the appellants shall pay a sum of Rs. 50,000/-and execute promissory notes for the balance of Rs. 90,000/ -. Respondent pleaded that on the date of settlement, the appellants paid a sum of Rs. 50,000/- and executed three separate promissory notes of Rs. 30,000/-each. The suit was filed on the strength of these promissory notes.