M NARASIMHULU Vs. M LAXMAMMA

JUDGEMENT

(1.) This appeal is filed by the defendant in O.S.No. 48 of 1982 on the file of the First Additional Subordinate Judge, Kurnool, questioning the decree and Judgment dated 24-9-1983 by which the suit filed for recovery of the suit amount was decreed.

(2.) The Respondent is the plaintiff and he filed the said suit contending that the defendant borrowed an amount of Rs. 13,500/ - from him on 30-5-1979 and agreed to repay the same with interest; that subsequently, on the same evening the defendant executed a memorandum in writing in the shape of a promissory note evidencing the earlier borrowing; that subsequently the defendant failed to discharge the debt inspite of a lawyer's notice issued to him prior to the filing of the suit and that the suit was, therefore, filed for recovery of the suit amount. The defendant contested the suit contending that he never borrowed the amount from the plaintiff and never executed any promissory note; that the plaintiff has no means to lend the amount to the defendant and the defendant has no necessity also to borrow such amount; that a false claim was made by the plaintiff and that the suit was liable to be dismissed.

(3.) On the basis of the evidence adduced before it, the lower Court came to the conclusion that the suit debt is true and the defendant borrowed the amount from the plaintiff and failed to repay the same and as such the suit was decreed for the suit amount. Aggrieved by the said judgment and decree, the defendant has chosen to file the present appeal.