PALAKURTHI APPALARAJU Vs. YEDUKONDALU

JUDGEMENT

(1.) THIS appeal is brought by the plaintiff against the judgment of the Subordinate Judge of Kakinada dismissing his suit for recovery of Rs. 5,070 -13 -3 from the property of the minor defendant. The suit was based on a promissory note executed by the guardian and next friend of the minor on 20 -1 -1950 marked as Ex. A -7 in favour of the plaintiff. The promissory note came to be executed under the following circumstances.

(2.) PENDING the suit the defendant died and his widow and the son the present defendant were brought on record as his legal representatives. The suit was posted for further hearing on 16 -1 -1950. On that date an adjournment was asked for on the ground that the matter was compromised between the parties. It was accordingly adjourned to 18 -1 -1950, but no compromise petition was filed. The learned Subordinate Judge thereupon delivered the judgment dismissing the suit with costs and upholding the contention of the defendant that the suit could not be based upon an agreement which was Inadmissible in evidence for want of registration.

(3.) THE suit was resisted on various defence such as (1) that there was no agreement between the parties as set up in the plaint, that the plaint did not raise any casuarina plantation on the land that the defendant's father himself grew trees on his land at his own expense and that at any rate there was no consideration for the promissory note, there being no enforceable agreement against the defendant's father or himself and as such it was not binding on the defendant's estate.