P SUBBA RAO Vs. G GANGA RAO

JUDGEMENT

(1.) Defendant is the petitioner against the Judgment of the Subordinate Judge, Bargarh, in Money Appeal No. 5 of 1977. Originally a second appeal had been filed but being confronted with the provisions of S.102 of the Civil P.C., the Second Appeal has been converted to a civil revision.

(2.) Plaintiff filed the suit for recovery of a sum of Rs. 730/- on the allegation that the defendant had taken a loan of Rs. 575/- from him on 19-8-1971 with the promise to repay it with interest at the rate of 12 per cent per annum and since the defendant did not repay the amount in spite of service of a registered notice on 1-8-1973, the suit was filed.

(3.) The defendant filed a written statement taking the stand that the plaintiff has been paid all his dues under receipt Dt. 14-7-1973 executed by the plaintiff in favour of Potula Venkata Satyanarayana Murty, the brother of the defendant, living in joint mess and property and, therefore, the suit was liable to be dismissed.