PASUPULETI SRIRAMULU AND OTHERS Vs. REVURI NAGAIAH

JUDGEMENT

(1.) The question to be dealt with by the Full Bench relates to the interpretation of section 13 of the Madras Agriculturists Relief Act (hereinafter to be termed the Act).

(2.) The material facts of the case are these. The respondent filed S.C. No.114 of 1957 on the file of the Court of the Subordinate Judge, Eluru against the petitioners for recovery of Rs. 1,118-40 Np. being the principal and interest due on a promissory note executed on the 20th of September, 1954 by the 1st petitioner for Rs. 960/- carrying interest at 12? ..? per cent compound interest per annum. Interest was however claimed at 5 1/2 per cent per annum only as the petitioners were admittedly agriculturists. The petitioners while admitting the execution of the suit promissory note, urged that it was made in renewal of an earlier promissory note dated 11-12-1951 in favour of the respondent's wife for Rupees 1,000/- and that consequently the debt was to be scaled down with reference to the earlier promissory note.

(3.) The trial Court disallowed this plea following the judgment in Pundarikakshudu v. Venkata Krishna, 1957 Andh LT 22 : A.I.R. 1957 Andhra Pradesh 204, and decreed the suit as prayed for. It is that judgment of the trial Court that is sought to be revised now.