D VENUGOPAL Vs. JANGAMA REDDY

JUDGEMENT

(1.) This is the plaintiff's appeal against the judgment and decree dated 8.3.2011, passed by the Principal Senior Civil Judge & JMFC., Hospet, in RA.No.8/2011, by which the appeal is allowed and the judgment and decree dated 14.12.2010 passed by the Principal Civil Judge & JMFC., Hospet, in O.S.No.14/2009 is set aside by dismissing the suit.

(2.) It is the case of the plaintiff that on 15.1.2006 defendant had borrowed a loan of Rs.1,00,000/- from him at Hospet for the purpose of his domestic expenses by executing a demand promissory note in favour of the plaintiff. Defendant agreed to repay the said loan amount with interest at the rate of 24% per annum. But, in spite of request and demand for repayment of the said loan including the legal notice dated 15.7.2008, defendant did not repay the loan and as such the plaintiff filed the suit for recovery of money.

(3.) Defendant resisted the case by denying the averments made in the plaint. It is the case of the defendant that he had not seen the face of the plaintiff, he had not signed the demand promissory note and the said document may be sent for expert's opinion. He further contended that he never visited Hospet in his life time. Plaintiff has filed a false suit only with an intention to harass the defendant and to knock off the money. He further contended that the plaintiff filed several suits against innocent persons to knock off the illegal money. On these grounds, he prayed for dismissal of the suit.