VOLLALA NARSAIAH Vs. OJJELA VEERAIAH

JUDGEMENT

(1.) Appellant is the defendant; and the respondent is the plaintiff in O.S. No.26 of 1994 on the file of the Subordinate Judge, Pedapalli, filed for recovery of a sum of Rs.1,17,400/- basing on the mortgage deed, dated 6-12-1990, executed by the defendant along with future interest @ 18% per annum over the principal amount of Rs.70,000/- from the date of the suit till the date of realization, and the same was decreed for a sum of Rs.1,17,400/- with costs and future interest @ 6% on the principal amount of Rs. 70,000/- from the date of the suit till the date of realization. Aggrieved thereby the defendant filed the present appeal suit.

(2.) Parties are hereinafter referred to as they are arrayed in the trial Court.

(3.) It is the case of the plaintiff that the defendant borrowed a sum of Rs.60,000/- by executing Ex.A1-mortgage deed, dated 6-12-1990, before the Sub-Registrar, Pepapalli, which was registered as document No.1319 of 1990 by mortgaging the house of the defendant bearing D. No.4-7-15 situated at Pedapalli agreeing to repay the said amount on or before 15-5-1993. It is further stated that the defendant again borrowed a sum of Rs.10,000/- from the plaintiff by executing Ex.A.2-bond, dated 5-2-1991, agreeing to pay back the same within two years four months i.e., on or before 3-6-1993, in continuation of the earlier registered mortgage deed and further agreed to pay 18% interest on the borrowed sum of Rs.60,000/- as well as Rs.10,000/- i.e., on the total sum of Rs.70,000/-. Thus the suit has been filed for recovery of Rs.60,000/- along with 18% interest from 5-2-1991 till the date of filing of the suit i.e., 9-11-1994, the interest amount of which is Rs.40,650/-, and also for recovery of the said sum of Rs.10,000/- along with 18% interest from 5-2-1991 to 9-11-1994, the interest amount of which is Rs.6,750/-, and the principal amount is Rs.70,000/- including the said interest total of which is Rs. 1,17,400/-.