EDULA AYYAPPA REDDY Vs. AMMA BAI

JUDGEMENT

(1.) The main point for consideration in this Second Appeal is one of construction of a promissory note, and on that would depend whether the defendant's personal liability on the note is excluded by reason of its terms.

(2.) The essential facts are simple and are now beyond dispute because of the District Judge's findings. The suit is brought by the appellant on foot of a promissory note made and delivered by the defendant on 7th June, 1961 for a consideration of Rs. 1,500.00. The defence raises several pleas including a denial of the execution of the note and the consideration therefor. The note was impugned as a forgery and it was said that the scribe and attestors are the friends of the payee to whom they are obliged in several ways. All these pleas are now of no consequence because the District Judge found on appeal that the promissory note is true and supported by consideration.

(3.) The District Judge also found that the plaintiff had a licence under the Hyderabad Money Lenders Act.