MRS. K.SUDERSANAM Vs. S.VENKATARAO

JUDGEMENT

(1.) In the Court of the Chief Judge, Small Causes, Hyderabad, the sole plaintiff S. Venkat Rao filed a suit (S. C. S. No. 135/2 of 1959) against the sole defendant Mrs. K. Sudersanam on a promissory note which had been executed by the defendant on 12-3-1956 for a sum of Rs. 1,000/-. The defendant contested the suit on various grounds. The learned Chief Judge awarded a decree against the defendant as prayed for. The defendant thereupon filed this revision petition against the said judgment and decree.

(2.) The main contentions in the plaint were as follows :

(3.) In her written statement, the defendant contended as follows : She obtained a loan of Rs. 200/- from the plaintiff in 1952 and paid large sums which amounted to much more than the interest and the principal. Still, the plaintiff represented that a sum of Rs. 800/- was still due from her and made her execute the promissory note and receipt for double that sum namely, Rs. 1,600/-. It is true that she put the figure of Rs. 1,000/- in the promissory note. After the execution of the promissory note, she made payments amounting to Rs. 2,500/-. The plaintiff was a money lender and had complied with the provisions of the Hyderabad Money Lenders' Act.