MADISHETTI SHEKAR Vs. PULIYALA KOMURELLI

JUDGEMENT

(1.) THE defendants are the appellants in this second appeal. The plaintiff (respondent herein) filed O. S. No. 159 of 2002 in the Court of II Additional Senior civil Judge, Warangal, for recovery of a sum of Rs. 2,72,000/- allegedly due from the defendants and the same was decreed by judgment dated 24. 1. 2006. The appeal preferred by the defendants, being A. S. No. 51 of 2006 on the file of the IV Additional district Judge, Warangal, was dismissed by judgment dated 8. 2. 2007. Hence, this second appeal.

(2.) THE case of the plaintiff, in brief, is as follows: the plaintiff advanced a sum of rs. 2,25,000/- to the 1st defendant during may 1977 without executing any document. The 1st defendant postponed the repayment of the said amount for a long time and ultimately on the intervention of the elders and well-wishers, the 1st defendant executed an agreement dated 10. 12. 2000 agreeing to repay the amount due within six months; in default, he would handover his house bearing No. 1-9-559 to the plaintiff as per the market value prevailing as on 10. 6. 2001. The first defendant though did not make the payment within the time agreed, issued a cheque dated 30. 6. 2001 drawn on vijaya Bank Limited, Extension Counter, hanumakonda, for a sum of Rs. 2,25,000/-in favour of the plaintiff. However, even the said cheque was returned for want of sufficient funds. In the circumstances, the plaintiff got issued a notice calling upon the 1st defendant to repay the amount. Since there was no response, O. S. No. 159 of 2002 was filed on 22. 4. 2002 seeking a decree against the 1st defendant as well as his wife who was made a party as defendant no. 2.

(3.) THE defendants filed a written statement pleading that they have not borrowed any amount from the plaintiff. Thus, it was contended that there was no cause of action for filing the suit and that at any rate the suit itself was barred by limitation.