SABELLA SOORA REDDY Vs. LANKALAPALLI RAJYAM

JUDGEMENT

(1.) The unsuccessful plaintiff in O.S.No.30 of 1988 before the Additional Subordinate Judge, Rajahmundry, prefers this appeal having been dissatisfied with the judgment and decree dated 18.09.1997.

(2.) Briefly the facts of the case are as follows:

(3.) The first defendant remained ex parte. The second defendant in the written statement denied the averments in the plaint and according to the second defendant; she never borrowed any amount from the plaintiff. In fact, the second defendant pledged her gold ornaments and borrowed amount from one Sabbella Ramakumari of Gollala Mamidada, at usurious rate of interest of Rs.10/- per cent per month. The amount lent was in all not more than Rs.15,000/-. The second defendant believed said Ramakumari and put her signatures on the blank stamp papers at the time of lending on pledge of gold ornaments. The second defendant never executed any pronotes in favour of anyone, as stated in the plaint. The second defendant does not know the identity of the persons mentioned therein except Ramakumari and her husband. Their family is reputed for strong arm methods and use of violence in realization of debts and interest. While so, disputes arose between the defendants and one Thumpala Somasundaram about the schedule house. The creditor Ramakumari learnt about the same and came to the house of the defendants along with some men and took possession of the title deed of the site from the defendants by show of force, stating that gold security has become insufficient and some more security is required. Out of fear of violence the defendants kept quiet. The defendants never raised any money from the plaintiff.