BANDI JANIKAMMA Vs. MANGIPUDI MALLANNA (DIED) AND OTHERS

JUDGEMENT

(1.) This revision is directed against the Judgment and decree of the District Munsif. Ramachandrapuram, given on 30-11-63 in small cause suit No. 376/63.

(2.) The material facts are that the plaintiff-petitioner filed a suit for recovery of Rs. 189-25 ps. being the balance of Principal and interest due on a promissory note dated 10-12-60. It was alleged inter alia that the defendant executed a promissory note in favour of the husband of the plaintiff on 30-5-1956 fora Sum of Rs. 500/-. That is Ex. A-1. In 1959 the promissory note was renewed under Ex A-2 in favour of the husband for Rs. 625/-. Thereafter the husband of the plaintiff died. Under Ex. A-3 dated 10-12-60 the previous promissory note was renewed in favour of the plaintiff for a sum of Rs. 718-12 Ps. The suit was based upon Ex. A-3.

(3.) The defendant paid the amount on 25-6-63 which, according to him, was due as he was contending that he was an agriculturist. The plaintiff received that amount under Ex. B-5 on 25-6-63 and passed a receipt but made it clear that she is receiving the amount, without prejudice to her right.