NIMMA CHITTI APPAYYAMMA Vs. P.V. NARASIMHAM

JUDGEMENT

(1.) THIS is a Defendant 's appeal from the decision of the Sub -Judge, Jeypore dated 10.8 -1971 passed in Money Suit No. 27 of 1970 decreeing the suit for Rs. 5,386.66/ - with pendent elite and future interest based on promissory note, Ext. 1.

(2.) THE Petitioner 's case is that one N.V. Jagannathayya husband of the Defendant borrowed a sum of Rs. 5,000/ - from him for the purpose of business. Sometime in December, 1965 he died without discharging the debt of the Petitioner. Upon his death, his widow, the Defendant, inherited the properties of the deceased which are being managed by one G Veeraswamy, her illatum son -in -law. The Petitioner approached the Defendant and her son -in -law concerning payment of his dues which the latter admitted to be outstanding, but put off the payment on some pretext or other. At the instance of common friends, the Defendant agreed to execute a promissory note for a sum of Rs. 4,000/ - only in favour of the Petitioner as the accounts of her deceased husband disclosed that only Rs. 4,000/ - was due to the Petitioner. The Petitioner agreed to take a pronote for that amount and accordingly on 7 -4 -1964 the Defendant executed the suit pronote (Ext. 1) in favour of the Petitioner agreeing to repay Rs. 4,000/ -. with interest at the rate of 6 per cent per annum. She promised to pay the whole amount within a fortnight, but on several demands the Defendant paid only a sum of Rs. 50/ - on 5 -4 -1967 and made an endorsement on the reverse of the promissory note to that effect acknowledging her liability. Thereafter she defaulted to pay further. The Petitioner served a registered notice dated 9 -3 -1970 through his advocate for payment and ultimately filed the present suit on 4 -4 -1970 claiming a sum of Rs. 5,386.66, particulars of which have been set out in the plaint.

(3.) THE trial Court rendered the following findings: