K RAMI REDDY Vs. P RAMI REDDY

JUDGEMENT

(1.) This Second Appeal preferred by the defendant, has been admitted on the following substantial question of law:

(2.) Looking to the limited scope of appeal, it is not necessary to transverse in details the facts of the case. Suffice it to say, that on 3-7-1975 the appellant- defendant executed a pronote Ex.A-1 in favour of the respondent-plaintiff for a sum of Rs. 4,400/- with interest at the rate of 12% per annum. On the same day he had purchased a house and some land belonging to the wife and father-in-law of the respondent-plaintiff through a registered sale deed, but was short of Rs. 4,400/- out of the settled amount of consideration and, therefore, they got the pronote Ex.A-1 executed in the name of the respondent-plaintiff showing receipt of the whole amount of consideration in the sale deed. Sometime in month of May, 1978, the defendant found that the father-in-law of the respondent-plaintiff had sold his half share in well and the trees standing on the land in question to third parties before 3-7-1975. The dispute was referred to the elders of the village and in the Panchayat convened by them the respondent- plaintiff admitted the factual position and agreed to return the pronote Ex.A-1 to the defendant; As per the plaint allegations, the amount of Rs. 4,400V- had been paid in cash by the respondent to the appellant for purchasing the land in question from his wife and father-in-law.

(3.) The trial Court in O.S.No. 223 of 1978, on assessment of the evidence on record, reached the conclusion that no cash consideration was passed and, therefore, the pronote Ex.A-1 was without consideration. The trial Court dismissed the suit.