KANDRAKONDA KOTAIAH Vs. PARASA SOWRAIAH

JUDGEMENT

(1.) The respondent herein had filed O.S.No.331 of 2017 before the IV Additional Senior Civil Judge, Guntur, for recovery of Rs.1,40,000.00, said to have been borrowed by the appellant, along with the interest @24% per annum. The respondent also relied upon a promissory note which was marked as an Exhibit, in the Trial.

(2.) The appellate in his written statement did not deny the receipt of aforesaid Rs.1,40,000.00 or the execution of the promissory note. The appellant contended that the said amount had been cleared by way of installments which the respondent used to collect on a monthly basis. The appellant contended that the entire debt had been cleared by 31/3/2016 itself and the respondent did not return the original promissory note and filed the present suit by taking undue advantage of the possession of the said promissory note.

(3.) The Trial Court, after going through the evidence, adduced on both sides, and the documents marked by the respondent, had held that the appellant, who had not chosen to mark any documents, had not proved the repayment of the said debt and decreed the suit by decree/judgment, dtd. 30/11/2018.