TIRUMALAPALLI SRIRAMULU Vs. RYALI DALAYYA

JUDGEMENT

(1.) Plaintiff sued to recover from the defendant Rs. 72-6-5 (Rs. 55-0-0 principal and Bs. 17- 6-5 interest).

(2.) It was alleged in the plaint that the defendant obtained a decree against the plaintiff for Es. 69-11-0 on 16 December 1897 in S.C.S. No. 684 of 1897, that in February 1901, an agreement was entered into between himself and the defendant to the effect that Rs. 55-0-0 were to be paid in full satisfaction of the decree debt and the balance was to be foregone and that defendant should certify full satisfaction of the decree to the Court, soon after the payment of the said sum of Rs. 55 by the plaintiff. It was further stated in the plaint, that the plaintiff paid the sum of Rs. 55 at once, but the defendant did not certify satisfaction of the decree as agreed to; on the contrary he applied for execution of the decree on 23 November 1903 and a notice under Section 248, was received by the plaintiff on 3 December 1903 and that the cause of action for this suit arose on that date. Plaintiff, therefore, now seeks to recover back the Sum of Rs. 55 paid by him with Rs. 17-6-5 interest thereon.

(3.) The defendant denied the alleged adjustment and payment and pleaded inter alia that there was no cause of action for the suit, because the decree was not yet executed and no money was realized from the plaintiff in execution.