KALLAKURI SEETHARAMAYYA Vs. BHAMIDIPATI VENKATARAMAYYA

JUDGEMENT

(1.) This is a petition, under Section 115 of the Code of Civil Procedure, to revise the finding recorded by the District Munsiff's Court of Gudivada on a preliminary issue in O.S. No. 223 of 1956.

(2.) On the 13th of November, 1949 the defendant (the petitioner) borrowed from the plaintiff (respondent) a sum of Rs. 2,000 and executed a promissory note evidencing the debt and agreeing to pay interest at 11 annas 6 pies percent per mensem. This promissory note was later renewed by the suit promissory note on the 12th of November, 1952 for a sum of Rs. 2,500 with interest at Rs. 2% per annum. On 5th of September, 1955 the defendant paid a sum of Rs. 100/- towards the debt due under the said promissory note and an endorsement to that effect was duly made on the note. On the plaintiff's issuing a notice to the defendant to pay the balance of the amount, the defendant gave no satisfaction whereupon the plaintiff filed the suit for recovery of the sum of Rs. 3,288-9-0 being the balance of principal and interest due on foot of the promissory note. Among other defences, the defendant pleaded that on the 5th of September, 1955 the date on which the sum of Rs. 100/- was paid and endorsed on the promissory note, there was an agreement between him and the plaintiff where under the plaintiff agreed not to enforce the debt on the suit promissory note for a period of three years from the 5th September, 1955. The defendant therefore contended that he was liable to pay the amount due under the promissory note only on or after the 5th of September, 1958. On the above pleadings, the learned District Munsif framed appropriate issues.

(3.) He also framed an additional issue which ran as follows:-