NANDIPATI SITAYYA AND CO Vs. MANNAVA RAMAKOTAIAH

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the District Judge, Guntur in AS No.l 18 of 1978, dated 24-5-1980, whereby the appeal was partly allowed and the suit was decreed for the recovery of Rs.2,369.37 with future interest at the rate of 5-1/2% per annum.

(2.) The facts of the case in brief are that : the appellant had filed a suit for recovery of Rs.5993.76 against the respondent alleging that from 20-4-1970, the defendant used to borrow money from time to tune from the appellant-plaintiff and used to make part-payments., He did not pay the amount of Rs.5993.76, therefore, the decree for Rs.5993.76 be passed against him with interest. The respondent denied the plaint allegations and pleaded that he used to supply chillies to the appellant against the advances which he used to take and after accounting the balance if any was to be paid to him. The appellant did not adjust the price of chillies supplied to him against the advances promising that it can be settled and adjusted later. He has to recover Rs.5,000.00 from the plaintiff against the price of chillies after adjusting all the advances and, therefore, the suit deserves to be dismissed.

(3.) It is also a matter of record that the respondent has filed a suit in OS No. 1520 of 1973 for recovery of Rs.5000.00 with interest totalling Rs.5851.41 against the appellant.