IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT TIRUVURU
PRESENT: Sri S. Damodara Rao, M.A.,.LL.M.,
Principal Junior Civil Judge, Tiruvuru
Friday, the 25th day of April, 2014
O.S. 184/2013
Between:-
Duriseti Krishnama Chari, S/o.Brahmaiah, Hindu, Age 70 Years, Occ: Agricultural, R/o. Tiruvuru Village and Mandal, Krishna District. ….Plaintiff.
And
Chappidi Govardhana Rao, S/o. Lakshmaiah, Hindu, Age 45 Years, Occ: Agricultural, R/o.Tiruvuru Village and Mandal, Krishna District.
…Defendant.
This suit is coming before this court for final hearing on 24.4.2014, in the presence of Sri. Ch.Venkata Reddy, Advocate for the Plaintiff and Sri. T.Rama Rao for defendant and the same having stood over for consideration till this date, this court deliver the following:
J U D G M E N T
1)This suit is filed for recovery of an amount of Rs.54,900-00 being the amount of
principal Rs.40,000/- and interest due there on, on the foot of a promissory note Dt.01.10.2010
said to have been executed by the defendant infavour of the plaintiff and for costs of the suit.
2) The case of the plaintiff in brief is as follows:-
That the defendant borrowed an amount of Rs.40,000-00 on Dt.01.10.2010 from the plaintiff for the purpose of his necessities i.e for agricultural expenses and agreeing to repay the same with interest @ 24% p.a., to the plaintiff or to his order on demand executed suit pronote in favour of plaintiff on even date in the presence of attester and scribe, subsequently that the defendant did not repay the said amount in spite of repeated demands made by the plaintiff and the legal notice got issued by him, even though the defendant received the same, did not pay the amount or sent any reply notice to the same, under those circumstances the present suit is made to be filed by claiming interest @ 12.5.% pa., even though the defendant agreed to pay the interest @ 24% pa.,.
3) Defendant received summons and appeared through his counsels and failed to file his written statement even after 90 days elapsed and defendant set-exparte on 10.3.2014 and coming for plaintiff side evidence.
4) Plaintiff present, to substantiate the case of the plaintiff, he is examined himself as P.W.1, and got documents Ex. A-1 marked on his behalf.
5)Now the point for the determination is whether the plaintiff is entitled for suit claim as prayed for?
6)Heard,
7) The plaintiff examined as PW1 and Ex.A1 marked on behalf of PW1, since the defendant failed to contest the matter and failed to disprove the contention of plaintiff by way of cross examination to the PW1, in view of unchallenged evidence of plaintiff and documents placed by the plaintiff, it can be said that the suit claim is proved.
8) In the result, the suit filed by the plaintiff is decreed for an amount of Rs.54,900-00 (Rupees Fifty four thousand nine hundred only) with subsequent interest @ 12% p.a from the date of suit till the date of decree and there after @ 6% p.a. from the date decree till the date of realization over the principal amount of Rs.40,000/-.
Typed by the typist on computer, corrected and pronounced by me in the open Court at Tiruvuru, this the 25th day of April, 2014.
PRL.JUNIOR CIVIL JUDGE
TIRUVURU.
APPENDIX OF EVIDENCE
FOR PLAINTIFF FOR DEFENDANT
P.W. 1:Duriseti Krishnama Chari Nil.
EXHIBITS MARKED
FOR PLAINTIFF: FOR DEFENDANT: Ex. A1:Suit promissory note Dt. 1.10.2010. Nil
PRL.JUNIOR CIVIL JUDGE,
TIRUVURU.