S.V.P. Surya Chandrakala
Addl. Senior Civil Judge, FTC, Armoor
Armoor, SCJ Court Complex · Nizamabad · Telangana
S.V.P. Surya Chandrakala, Addl. Senior Civil Judge, FTC, Armoor, is posted at Armoor, SCJ Court Complex, Nizamabad, Telangana, India. 2 court orders on record since 2017. 2 judgments with full text available. Primarily handles OS cases.
Featured Judgments
1OS.No.159/2014
IN THE COURT OF THE ADDL. SENIOR CIVIL JUDGE (FTC),
NIZAMABAD AT ARMOOR
Present: Smt S.V.P. Surya Chandra Kala, Secretary, Dist. Legal Services Authority, Nizamabad. FAC: Addl. Senior Civil Judge (FTC), Nizamabad at Armoor.
Tuesday, the 07th day of November, 2017
O.S.No.159 of 2014
Ganji Srinivas, S/o: Ganji Rajanna, Age: 40 years, Occu: Agiruculture, R/o: H.No.8 10/10, B.C. Colony, Thorlikonda Village, Jakranpally Mandal, Nizamabad District
.. Plaintiff
Vs.
Kolipaka Bhumanna, S/o: Kolipaka Limbanna, Age: 48 years, Occu: House Construction Contractor, R/o: B.C. Colony, Thorlikonda Village, Jakranpally Mandal, Nizamabad District
.. Defendant
This suit coming before me on 27th day of October, 2017 for hearing in the presence of Sri Kondi Pavan Kumar, Advocate for plaintiff, and of Sri Teddu Narsaiah, Advocate for defendant, and having stood over for consideration to this day the Court delivers the following:
:: J U D G M E N T ::
1.The present suit is filed by the plaintiff against the defendant for recovery of an amount of Rs.4,07,850/ together with interest, costs and other reliefs.
2.The brief averments of the pleadings of the plaintiff goes to show that both the parties were known to each other being residents and native of Torlikonda Village,
Jakranpally Mandal, Nizamabad District. It was pleaded that the defendant had been working as house constructing contractor. Due to said acquaintance the defendant said to have approached the plaintiff and said to have requested the plaintiff to arrange hand loan for his contract work. The plaintiff by believing the defendant as he was said to be the native of the plaintiff, hence, she said to have given hand to the defendant and the defendant said to have received the amount and said to have executed the promissory note whenever he received the amount from the plaintiff at Thorlikonda promissed to repay the same to the plaintiff on demand with interest at 24% per annum. The 2OS.No.159/2014 defendant said to have received the amount of Rs.1,00,000/ on 08092011,
Rs.20,000/ on 05112011, Rs.1,00,000/ on 18012012 and Rs.30,000/ on 1002 2012 from the plaintiff and also said to have executed four promissory notes in favour of the plaintiff in respect of the debts. It was pleaded further that in spite of repeated demands of the plaintiff the defendant said to have failed to repay the same and used to postpone the demands from time to time. It was further pleaded that the plaintiff along with his wife said to have gone to the defendant on 15042014 and said to have demanded to repay the total loan amount of Rs.1,50,000/ with accrued interest, but the defendant said to have failed to make payment and he said to have threatened with dire consequences that he would implicate them in SC and ST cases. Hence a legal notice dated 23042014 was got issued to the defendant by the plaintiff and the defendant said to have received the notice on 26042014 and said to have gave a false reply to said notice on 13052014 denying the receipt of amounts. As no other option, hence for recovery of the amount the plaintiff is constrained to file the present suit.
3.The defendant filed the written statement and denied the allegations made in the plaint.
4.As per the contentions of the defendant, the defendant did not borrow any amount from the plaintiff at any time, hence the question of alleged arrival of the plaintiff and her husband to demand amount for repayment did not arise, hence pleaded no question of alleged threatening by the defendant. According to further contention of the defendant, the defendant said to have issued a reply notice denying about alleged receipt of amount as he said to have not obtained any loan. It was further contended that the wife of the plaintiff said to have filed OS 157/2014. As per the further contentions of the defendant the plaintiff and his wife said to have created the documents and said to have filed the false suit against him for recovery.
5.As per further contentions of the defendant, the plaintiff and his wife said to have engaged the defendant to construct their house at Torlikonda and the defendant said to have agreed to construct the house at the rate of Rs.800/ per square feet and 3OS.No.159/2014 also said to have constructed the house measuring 770 square feet and the total amount comes to Rs.6,16,000/ out of which the plaintiff and her husband paid Rs.2,00,000/ and the remaining amount of Rs.4,16,000/ till said to have due by the plaintiff and his wife. Hence contended that when the defendant said to have demanded for the said amount then the plaintiff got angry and did not pay the same. It was also contended that hence they created the documents and filed the false suit for recovery of the amount to get wrongful gain. With the aforementioned contentions the defendant prayed for dismissal of the suit.
6.In view of the rival contentions the following issues were framed for consideration.
1. Whether suit promissory notes dated 08092011 for Rs.1,00,000/, dated 05112011 for Rs.20,000/, dated 18012012 for Rs.1,00,000/ and dated 10022012 for Rs.30,000/ are true, valid, supported by consideration and binding on the defendant ?
2. Whether the plaintiff is entitled to recover the suit claim amount of
Rs.4,07,850/ with cost and interest from the defendants as prayed for?
3. To what relief?
7.In support of the claim of the plaintiff, the plaintiff herself was examined as Pw.1 by filing chief affidavit and got marked Exs.A1 to A8. Exs.A1 to A4 are the original promissory notes dated 08092011, 05112011, 18012012, 10022012 for a sum of
Rs.1,00,000/, Rs.20,000/, Rs.1,00,000/, Rs.30,000/ respectively. Ex.A5 is the office copy of legal notice dated 23042014 got issued on behalf of the plaintiff to the defendant. Ex.A6 is the postal receipt dated 25042014, Ex.A7 is the acknowledgment,
Ex.A8 is the reply notice said to have issued on behalf of the defendant dated 1305 2014.
8.The plaintiff also adduced the testimony of alleged attester of the said promissory notes as Pw.2 as well as an independent witness as Pw.3. The defendant himself was examined as Dw.1 and got marked Exs.B1 to B3. Ex.B1 is the office copy of the reply notice dated 12052014 got issued on behalf of defendant, Ex.B2 is the postal receipt in the name of the plaintiff dated 12052014, Ex.B3 is the acknowledgment said to have 4OS.No.159/2014 signed by the plaintiff dated 14052014. The defendant also adduced the testimony of independent witness as Dw.2.
9.Heard the arguments of both sides.
10.Issue Nos.1 and 2:
As issues 1 and 2 are interrelated to each other, hence they are going to be discussed under one common head for the sake of convenience. Whatever was pleaded in the plaint was incorporated in the chief examination affidavit of the plaintiff when the plaintiff himself was examined as Pw.1. To support his contentions and to establish alleged transactions under Exs.A1 to A4 promissory notes the plaintiff relied upon
Exs.A1 to A4 promissory notes under which the defendants said to have borrowed
Rs.1,00,000/, Rs.20,000/, Rs.1,00,000/, Rs.30,000/ on 08092011, 05112011, 18 012012 and 10022012 respectively and to establish alleged borrowing amount on respective dates by the defendant from the plaintiff, the plaintiff also adduced the testimony of a witness said to have alleged attester of Exs.A1 to A4 promissory notes who categorically mentioned in his chief examination affidavit the same things as pleaded and deposed by Pw.1 in the form of his chief affidavit. The defendant in his pleadings undisputed regarding having acquaintance with the plaintiff as it was pleaded as correct that the plaintiff and the defendant were residents of same village hence they were known to each other. It was denied by the defendant in his pleadings that he was a contractor whereas it was suggested to Pw.1 during the course of cross examination of
Pw.1 that the defendant was a mesthri and a contractor. Admittedly the plaintiff and the defendant are not strangers and they are known to one and another. Pw.1 deposed that Ganji Savitha as his wife. Pw.1 denied that the defendant constructed a house for him and in that connection he fell due an amount of Rs.4,16,000/ to the defendant. He deposed that he had amount out of sale of jowar, corn and termeric crops etc., and also deposed that he brought the amount from State Bank of Hyderabad. He further deposed about alleged lending amount of Rs.1,00,000/ in the denomination of
Rs.1,000/ notes. In view of the suggestion put forth to Pw.1 on behalf of defendant it 5OS.No.159/2014 shows one way or other the wife of the plaintiff and the plaintiff said to have given
Rs.1,00,000/ to the defendant within a span of 20 days. Pw.1 admitted the said suggestion. So borrowing of Rs.1,00,000/ each, from the plaintiff and her husband by the defendant is established by way of suggestions from the defendant. Again it was suggested to Pw.1 that he did not give any amount to the defendant as stated in his chief affidavit and plaint. But borrowing of Rs.1,00,000/ from the plaintiff was established from the suggestion put forth on behalf of defendant. According to further testimony of Pw.1 Ex.A1 promissory note was scribed by one Hanmandlu, Ex.A2 promissory note was scribed by Bheemaiah, Ex.A3 promissory note was scribed by
Krishna and Ex.A4 promissory note was said to have scribed by Shankar. He denied that the defendant never threatened to file a case under Prevention of SC, ST Act and
Pw.1 forged the signature and thumb impression of the defendant on Exs.A1 to A4 promissory notes. He deposed that he did not have license to do money lending business. He denied about alleged filing of false case by creating Exs.A1 to A4 promissory notes when the defendant said to have demanded Rs.4,16,000/ said to have due by the plaintiff, for construction of the house of the plaintiff. There is no dispute of the defendant regarding capacity of the plaintiff in lending amount and also there is no plea in this regard. When Pw.1 deposed that he had cultivation and also amount out of agriculture produce, the same was not at all disputed and not denied by the defendant by way of specific suggestions. Pw.1 prima facie deposed regarding the transactions under Exs.A1 to A4 promissory notes in order to prove the same he could adduce the testimony of Pw.2 alleged attester of Exs.A2 to A4 promissory notes. According to Pw.2 testimony, he knew the plaintiff and the defendant and also deposed that the plaintiff in
OS 157/2014 namely G. Savitha and the present plaintiff were wife and husband. He
deposed that he signed six times in the promissory notes. According to his testimony, he signed on two promissory notes for G. Savitha and four times for the plaintiff. He deposed that those promissory notes were executed in the year 2011 and 2012. He deposed that he did not remember the exact dates. According to further testimony of 6OS.No.159/2014 Pw.2, the plaintiff gave Rs.1,00,000/, Rs.50,000/ and Rs.1,00,000/ at three times.
He further deposed that he did not remember the amount said to have paid by him in the last time. According to his testimony the plaintiff gave the amount in the denomination of Rs.500/ notes. As per Pw.1 testimony when he lent amount of
Rs.1,00,000/ he gave the amount in Rs.1,000/ denomination and it was not specifically elicited whether such denomination or is in respect of particular transaction and the same was not elicited from Pws.1 and 2. The total amount said to have borrowed by the defendant as Rs.1,00,000/, Rs.50,000/ and Rs.1,00,000/ for three times. But according to him said amount was given in three times. But his earlier testimony goes to show regarding existing of six promissory notes and signed on four promissory notes for the plaintiff and two promissory notes for the wife of the plaintiff.
In view of the denial by Pw.2 that he had not sign on Exs.A1 to A4 promissory notes, so knowledge can be attributed to Pw.2 regarding existing of four promissory notes. He could depose the names of the persons said to have present at the time of alleged transactions. He deposed that one Ranjeeth, Srinu and himself signed in the promissory notes and also deposed that Ranjeeth signed on all the promissory notes. On perusal of record it appears one Rajeeth said to have signed on all the promissory notes and on promissory note for Rs.1,00,000/ dated 18012012 under Ex.A3 and also Ex.A4 promissory note dated 10022012 contains the signatures said to be of said Srinivas.
He denied of not signing on all the promissory notes by the defendant. So as per Pw.2, the defendant signed on all the promissory notes in his presence. He pleaded ignorance regarding alleged doing money lending business by the plaintiff. Pws.1 and 2 deposed the material aspects and Pw.2 supported the version of Pw.1 regarding signing on
Exs.A1 to A4 promissory notes by the defendant and passing of consideration.
However, he deposed that the total amount of Rs.50,000/ instead of deposing specifically about the borrowing of Rs.20,000/ and Rs.30,000/ separately. But all together from his testimony it revealed of signing on Exs.A1 to A4 promissory notes by the defendant. He deposed that he did not remember the exact dates. Hence his 7OS.No.159/2014 evidence cannot be brushed aside as he is able to depose regarding the amount of consideration as well as existing of Exs.A1 to A4 promissory notes and signing on the same by the defendant.
11.An independent witness was examined as Pw.3. He supported the version of
Pws.1 and 2 regarding alleged occupation of the defendant as house constructing contractor, alleged approaching of defendant to the plaintiff and alleged his request to arrange hand loan as well receipt of consideration in the alleged presence of Pw.3 and alleged execution of promissory notes under Exs.A1 to A4 for the given amounts. He could depose the rate of interest at 24% per annum. During the course of cross examination, Pw.3 deposed that, the defendant as his neighbour and the plaintiff as his friend. He further deposed that he came to Armoor about 18 years ago. He admitted that the defendant was a contractor and also admitted that a house was got constructed by the plaintiff and denied the defendant got constructed the house. He deposed that he did not remember the date on which the plaintiff paid the money to the defendant.
He deposed further the plaintiff paid amount in the denomination of Rs.500/ and
Rs.1,000/ notes. So the testimonies of Pws.1 and 2 regarding denomination need not be viewed with suspicion. But Pw.3 deposed that he was not an attester of promissory notes. He claimed his presence at the time of alleged execution of Exs.A1 to A4.
However, he did not sign on any capacity on Exs.A1 to A4 promissory notes. By virtue of Section 118 and 20 of the Negotiable Instruments Act until contrary is proved the
Court can presumed that every Negotiable Instrument is drawn for consideration and the person who signed on the instrument is liable to act upon it. In the instant case the plaintiff by virtue his own testimony coupled with the testimony of Pw.2 alleged attester in whose presence alleged transactions under Exs.A1 to A4 said to have taken place is able to establish prima facie alleged borrowing of amount by the defendant from the plaintiff on given dates, as well as passing of valid consideration. The plaintiff discharged his initial burden. Then onus of proof shifts to the defendant to prove contrary either to support his contentions or to defeat the claim of the plaintiff. When 8OS.No.159/2014 Cross examination of Pws.1 to 3 is not sufficient to support the contentions of the defendant, then it has to be seen, whether the evidence of defendant as Dw.1 and his witness as Dw.2 is quite sufficient to defeat the claim of the plaintiff or to rebutt the presumption under section 118 and Section 20 of the Negotiable Instruments Act.
12.Whatever was contended in the written statement was incorporated in the chief examination affidavit of the defendant when the defendant himself was examined as
Dw.1. Though he deposed that he was an illiterate but further deposed that he could sign in Telugu understand and speak in Telugu. He could not depose whether all the particulars of his chief examination affidavit were in his written statement. In view of the testimony of the Dw.1 that the house of the plaintiff and himself were situated in a lane intervened by four or five houses, it shows once again that they are not the strangers. He denied there were cordial relationship between the plaintiff and defendant prior to said transaction. He admitted that his son went to Saudi Arabia and other countries for four years and deposed that he was in his village. He denied of borrowing of Rs.1,00,000/ from the plaintiff on 08092011 under Ex.A1, Rs.20,000/ on 05112011 by executing Ex.A2, Rs.1,00,000/ on 18012012 by executing Ex.A3 as well as Rs.30,000/ from the plaintiff on 10022012 for the purpose of meeting the expenditure of sending of his son to foreign countries in the presence of Basumiya and
Ranjeeth. From perusal of Exs.A1 to A4 promissory notes there is no specific purpose mentioned except in the printed form for the necessities. Dw.1 admitted his signature on his written statement but denied the signature on Exs.A1 to A4 promissory notes. He denied his own signature on the vakalath which shows speaking falsehood by the defendant. He could identify the signatures on served summons. He denied alleged threaten by him of the plaintiff and his wife on 15042014, when they came and demanded for amount and about alleged giving report against him at Jakranpally police station by them. It was deposed by the plaintiff by way of suggestions to Dw.1 that the house of the plaintiff was constructed by Andhra mesthri and not by the defendant. So the version of the defendant that he constructed the house of the plaintiff and plaintiff's 9OS.No.159/2014 wife out of total amount of Rs.6,16,000/ they said to have paid Rs.2,00,000/ and fell due of Rs.4,16,000/ was not at all suggested to Pws.1 to 3. Though the defendant contended the same but he failed to establish his contentions positively and in worth convincing manner and by submitting any documentary proof in this regard. In order to show, he demanded for said amount by boring grudge the present transactions were created, material evidence is lacking. In fact the defendant failed to putforth the suggestions to the plaintiff and his witnesses. Except suggesting about alleged demands by the defendant of Rs.4,16,000/ for construction of house of the defendant. There were no further suggestions regarding alleged agreement between them to construct the house at the rate of 100 square feet, about alleged measuring the house for 770 square feet and the total amount accrued as Rs.6,16,000/. The defendant failed to file any kind of receipt or other documents pertaining to construction material and there is no evidence goes to show by way of documentary proof to support the version of the defendant regarding alleged construction of house of the plaintiff by the defendant.
Though Dw.2 an independent witness was examined, it was not sufficient to support the version of the defendant or to defeat the claim of the plaintiff and evidentiary value cannot be attacked to the testimony of Dw.2, in the absence of documentary evidence.
According to the testimony of Dw.2 he used to work as masson for construction works of defendant and deposed about alleged constructing the house of the plaintiff. He deposed that the plaintiff failed to pay the amount of construction to the defendant.
The subsequent version regarding alleged filing of suit for recovery appears to be hearsay, as he was said to have was informed by the defendant in that regard.
According to his further testimony, the plaintiff and his wife fell due amount of
Rs.4,16,000/ to the defendant and according to him the defendant did not due any amount to the plaintiff and not executed the promissory notes. During the course of cross examination, Dw.2 deposed that he did not know the number of the case and deposed of not filing any identity card and according to him he was working under defendant. He denied that the was an agriculturist but not a mesthri. He denied that 10OS.No.159/2014 he was not a person as mentioned in the chief affidavit as resident of Karimnagar. He denied further that he never constructed the house for defendant and deposed he did not know the house number of the plaintiff. In the absence of filing of any documentary evidence by defendant, it cannot be concluded that they constructed the house of the plaintiff. The defendant when contended that the plaintiff created Exs.A1 to A4 promissory notes but no efforts were made by him, in this regard, to establish alleged fabrication or forgery of his signature or thumb impressions. No prudent man keeps quite without initiating any action if any one made false claim. There are no efforts on the part of the defendant to send disputed documents to compare with his admitted contemporary period documents containing his admitted signatures. There are no genuine efforts on the part of the defendant to establish his contentions regarding alleged motive for alleged fabrication of Exs.A1 to A4, such as alleged construction of the house by him for the plaintiff and alleged felling due an amount of Rs.4,16,000/ by the plaintiff. There is no documentary proof to show that he constructed the house by engaging Dw.2. It appears legal notice was issued by the plaintiff to the defendant under Ex.A5 and issuing of original Ex.A5 legal notice to the defendant on given date is evidencing under Ex.A6 postal receipt and the same was said to have received by the defendant under Ex.A7 postal acknowledgment for which Ex.A8 reply notice was got issued by the defendant. In Ex.A5 legal notice the plaintiff incorporated the same things, regarding the transactions under Exs.A1 to A4 and sought for the repayment and in the Ex.A8, reply notice of the defendant he incorporated the same things to some extent as contended in the written statement and Ex.A8 and Ex.B1 are the one and the same reply notices dated 12052014 of the defendant. In order to show Ex.B1 reply notice was issued to the learned counsel for the plaintiff the defendant relied upon the receipts under Ex.B2 dated 12052014 and to show that said Ex.B1 reply notice was received which were sent to plaintiff and to Sri Kondi Pavan Kumar, the learned advocate of the plaintiff, he relied upon Ex.B3 acknowledgment. But the defendant did not initiate any action legally by giving report against the plaintiff or his wife if at all 11OS.No.159/2014 they made alleged false claim. Contrary was not shown by the defendant. As there is no evidence contrary to the version of the plaintiff is placed by the defendant, hence it is not unreasonable to held that the person who signed on Exs.A1 to A4 promissory notes is none other than the defendant and he executed the same for valid consideration. So the things can not only be presumed in favour of the plaintiff but also proved by the plaintiff. So in view of the aforementioned observations and discussions made supra as there is no rebuttal evidence to the evidence of Pw.1 to defeat the claim of the plaintiff, as contrary is not proved hence it is not unreasonable to held that, the suit promissory notes under Exs.A1 to A4 are true, valid, supported by consideration and are binding on the defendant. Hence the plaintiff is entitled to recover the suit amount from the defendant. The defendant is not an agriculturist as per the pleadings and he is a contractor, hence, it can be considered the defendant is not an agriculturist the Debt
Relief Acts are not applicable to him and the defendant is not entitled for any Debt
Relief Act. The transactions under Exs.A1 to A4 promissory notes are dated 08092011, 05112011, 18012012, 10022012 respectively and the suit is filed on 11072014 i.e. within three years of the limitation prescribed for filing the suit for recovery of money. As the suit is filed within three years from the date of execution of Exs.A1 to
A4, hence it can be considered the suit is filed within the period of limitation. The defendant is shown as resident of Torlikonda village of Jakranpally mandal and by virtue of residing of the defendant within the limits of this Court's jurisdiction, hence it can be considered that this Court has jurisdiction to entertain and to deal with the suit.
13.In view of the aforementioned observations and discussions made supra on cumulative evaluation of entire evidence on record coupled with the exhibits marked established the suit claim of the plaintiff. Hence it entitles the plaintiff to recover the suit amount from the defendant as contrary is not proved. Accordingly these issues are determined in favour of the plaintiff and against the defendant.
12OS.No.159/2014
14.Issue No.3:
In the result, the suit of the plaintiff is decreed with costs for a sum of
Rs.4,07,850/ (Rupees four lakhs seven thousand eight hundred and fifty only) together with interest @ 12% per annum from the date of the suit till the date of decree and thereafter interest @ 6% per annum on total principal amount of Rs.2,50,000/ (Rs.
1,00,000/ + Rs.20,000/ + Rs.1,00,000/ + Rs.30,000/) from the date of decree till the date of realization.
Dictated to Steno, transcribed by him, corrected and pronounced by me in open
Court, on this the 07th day of November, 2017.
FAC: Addl. Senior Civil Judge (FTC), Nizamabad at Armoor
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PLAINTIFF(S)FOR DEFENDANT(S)
PW1: Ganji Srinivas Dw.1: Kolipaka Bhumanna PW2: Mohd. Basumiya Dw.2: Bachpally Nadipi Devaiah PW3: Yadagiri Ganga Narsaiah
EXHIBITS MARKED
(On behalf of the)
FOR PLAINTIFF(S)
Ex.A1: Original promissory note dated 08092011 executed by the defendant in favour of the plaintiff Ex.A2: Original promissory note dated 05112011 executed by the defendant in favour of the plaintiff Ex.A3: Original promissory note dated 18012012 executed by the defendant in favour of the plaintiff Ex.A4: Original promissory note dated 10022012 executed by the defendant in favour of the plaintiff Ex.A5: Office copy of legal notice dated 23042014 got issued on behalf of the plaintiff to the defendant Ex.A6: Postal receipt dated 25042014 in the name of the defendant Ex.A7: Acknowledgment dated 26042014 Ex.A8: Reply notice dated 13052014 got issued on behalf of the defendant
FOR DEFENDANT(S)
Ex.B1: Copy of reply notice dated 12052014 got issued on behalf of the defendant Ex.B2: Postal receipts dated 12052014 Ex.B3: Acknowledgement dated 14052014
FAC: Addl. Senior Civil Judge (FTC), Nizamabad at Armoor
1 OS No.157/2014
IN THE COURT OF THE ADDL. SENIOR CIVIL JUDGE (FTC),
NIZAMABAD AT ARMOOR
Present: Smt S.V.P. Surya Chandra Kala, Secretary, Dist. Legal Services Authority, Nizamabad. FAC: Addl. Senior Civil Judge (FTC), Nizamabad at Armoor.
Tuesday, the 07th day of November, 2017
O.S.No.157 of 2014
Smt Ganji Savitha, W/o: Ganji Srinivas, Age: 35 years, Occu: House and Agriculture, R/o: H.No.810/10, B.C. Colony, Thorlikonda Village, Jakranpally Mandal, Nizamabad District
.. Plaintiff
Vs.
Kolipaka Bhumanna, S/o: Kolipaka Limbanna, Age: 48 years, Occu: House Construction Contractor, R/o: B.C. Colony, Thorlikonda Village, Jakranpally Mandal, Nizamabad District
.. Defendant
This suit coming before me on 27th day of October, 2017 for hearing in the presence of Sri Kondi Pavan Kumar, Advocate for plaintiff, and of Sri Teddu Narsaiah, Advocate for defendant, and having stood over for consideration to this day the Court delivers the following:
:: J U D G M E N T ::
1.The present suit is filed by the plaintiff against the defendant for recovery of an amount of Rs.2,49,910/ together with interest, costs and other reliefs.
2.The brief averments of the pleadings of the plaintiff goes to show that both the parties were known to each other being residents and native of Torlikonda Village,
Jakranpally Mandal, Nizamabad District. It was pleaded that the defendant had been working as house constructing contractor. Due to said acquaintance, the defendant said to have approached the plaintiff and said to have requested the plaintiff to arrange hand loan for his contract work. The plaintiff by believing the defendant, as he was said to be the native of the plaintiff, hence, she said to have given hand loan to the defendant and the defendant said to have received the amount and said to have executed the promissory note. When he received the amount from the plaintiff at Thorlikonda 2 OS No.157/2014 promised to repay the same to the plaintiff on demand with interest at 24% per annum.
The defendant said to have received the amount of Rs.1,00,000/ on 15082011 and
Rs.50,000/ on 02012012 and also said to have executed promissory notes on respective dates in favour of the plaintiff. It was pleaded further that inspite of repeated demands of the plaintiff the defendant said to have failed to repay the same and used to postpone the demands from time to time. It was further pleaded that the plaintiff along with her husband said to have gone to the defendant on 15042014 and said to have demanded to repay the total loan amount of Rs.1,50,000/ with accrued interest, but the defendant said to have failed to make payment and he said to have threatened with dire consequences that he would implicate them in SC and ST cases. Hence a legal notice dated 23042014 was got issued to the defendant by the plaintiff and the defendant said to have received the notice on 26042014 and said to have gave a false reply to said notice on 13052014 denying the receipt of amounts. As no other option, hence for recovery of the amount, the plaintiff is constrained to file the present suit.
3.The defendant filed the written statement and denied the allegations made in the plaint.
4.As per the contentions of the defendant, the defendant did not borrow any amount from the plaintiff at any time, hence the question of alleged arrival of the plaintiff and her husband to demand amount for repayment did not arise, hence pleaded no question of alleged threatening by the defendant. According to further contention of the defendant, the defendant said to have issued a reply notice, denying about alleged receipt of amount as he said to have not obtained any loan. It was further contended that the husband of the plaintiff said to have filed OS 159/2014. As per the further contentions of the defendant the plaintiff and her husband said to have created the documents and said to have filed the false suit against him for recovery.
5.As per further contentions of the defendant, the plaintiff and her husband said to have engaged the defendant to construct their house at Torlikonda and the defendant said to have agreed to construct the house at the rate of Rs.800/ per square feet and 3 OS No.157/2014 also said to have constructed the house measuring 770 square feet and the total amount comes to Rs.6,16,000/ out of which the plaintiff and her husband said to have paid
Rs.2,00,000/ and the remaining amount of Rs.4,16,000/ till said to have due by the plaintiff and her husband. Hence contended that when the defendant said to have demanded for the said amount then the plaintiff got angry and did not pay the same. It was also contended that hence they created the documents and filed the false suit for recovery of the amount to get wrongful gain. With the aforementioned contentions the defendant prayed for dismissal of the suit.
6.In view of the rival contentions the following issues were framed for consideration.
1. Whether suit promissory notes dated 15082011 for Rs.1,00,000/ and
dated 02012012 for Rs.50,000/ are true, valid, supported by
consideration and binding on the defendant?
2. Whether the plaintiff is entitled to recover the suit claim amount of
Rs.2,49,910/ with cost and interest from the defendants as prayed for?
3. To what relief?
7.In support of the claim of the plaintiff, the plaintiff herself examined as Pw.1 and got marked Exs.A1 to A6. Ex.A1 and A2 are promissory notes for a sum of
Rs.1,00,000/ dated 15082011 and for Rs.50,000/ dated 02012012 respectively.
Ex.A3 is the office copy of legal notice dated 23042014 got issued on behalf of the plaintiff to the defendant, Ex.A4 is the postal receipt in the name of the defendant,
Ex.A5 is the postal acknowledgment said to be the defendant, Ex.A6 is the reply notice said to have issued on behalf of the defendant. The plaintiff also adduced the testimony of alleged attester of both promissory notes as Pw.2 and also a third party as Pw.3. The defendant himself was examined as DW.1 and got marked Exs.B1 to B3. Ex.B1 is the reply notice said to have issued on behalf of the defendant to the plaintiff Ex.B2 are (2) postal receipts, Ex.B3 are (2) postal acknowledgments. The defendant also adduced the evidence of third party as Dw.2.
8.Heard the arguments of both sides.
4 OS No.157/2014
9.Issues Nos.1 and 2:
As issues 1 and 2 are interrelated to each other and hence they are going to be discussed under one common head for the sake of convenience. Whatever was pleaded in the plaint was incorporated in the chief examination affidavit of the plaintiff when the plaintiff herself was examined as Pw.1. To support her contentions and to establish the alleged transaction of borrowing amount by the defendant under Exs.A1 and A2 promissory notes she relied upon Ex.A1 and A2 promissory notes dated 15082011 and 02012012 for a sum of Rs.1,00,000/ and Rs.50,000/ respectively and also adduced the testimony of one of the alleged attester's of Exs.A1 and A2 promissory notes as Pw.2 apart from examining the witness as Pw.3. Pws.2 and 3 in their chief examination affidavit categorically mentioned regarding alleged transactions of borrowing amount by the defendant on given dates in their presence under Exs.A1 and A2 promissory notes, passing consideration in their presence and alleged execution of documents by the defendant in favour of the plaintiff in their presence. They supported the version of the plaintiff with regard to the alleged borrowing amount by the defendant on given dates under Exs.A1 and A2 promissory notes. As per Pws.2 and 3 in their evidence the defendant received consideration and executed the promissory notes.
10.During the course of cross examination Pw.1 categorically deposed one Ganji
Srinivas as her husband. She admitted that the defendant was mesthri. In view of the pleadings of the plaintiff, as pleaded that the plaintiff and defendant belonged to same village and also in view of the admissions of Pw.1 regarding occupation of the defendant as mesthri it can be considered that the plaintiff and defendant are not strangers. It was pleaded by the defendant that he constructed a house for the plaintiff and the plaintiff and her husband said to have fell due an amount of Rs.4,16,000/ when the same was suggested to Pw.1 she denied the same. According to the testimony of Pw.1 she brought Rs.1,00,000/ from her elder sister in view of alleged urgent need of the defendant and she further deposed that she gave an amount of Rs.1,00,000/ to the defendant in the denomination of Rs.1,000/ notes. According to her testimony one 5 OS No.157/2014
Hanmandlu was the scribe of Ex.A1 promissory note and one Pramod said to have scribed Ex.A2 promissory note. She denied that Exs.A1 and A2 were appearing to be written by one and the same person. She also denied that Ex.A1 promissory notes was forged with the help of alleged scribe of Hanmandlu. She deposed that she had no license to do money lending business and denied that the defendant never threatened that she would file a case against plaintiff and her husband under SC and ST Prevention of Atrocities Act. She admitted of filing of suit for recovery of money. She denied of not lending Rs.1,50,000/ to the defendant and created Exs.A1 and A2 promissory notes by forging the signatures and thumb impressions of the defendant and the defendant was not liable to pay the amount to them.
11.When Pw.2 was cross examined he categorically deposed regarding alleged situating the house of plaintiff at the distance of 100 meters as well as the house of defendant is situated 2 to 3 houses away from the house of plaintiff. When he deposed the same, it was not denied by the defendant specifically hence it can be considered that
Pw.2 is also not a stranger to the defendant. According to Pw.2, he knew the plaintiff for 10 years. He deposed the occupation of the plaintiff as an agriculturist. He deposed that he did not remember the dates of suit transactions but deposed that they were happened in the year 2011 and 2012. As per the testimony of Pw.2 also the defendant was mesthri, but pleaded ignorance whether the defendant constructed the house of the plaintiff. However, he subsequently deposed that alleged informing him by the husband of the plaintiff that his house was constructed by Andhra people. As per the further testimony of Pw.2 the plaintiff gave amount to the defendant two times in the house of the plaintiff in the presence of Ranjith, Srinu and some others and he deposed that he did not know the names of others. He deposed about denomination in rupees Rs.500/ notes. As per his testimony he studied up to 7th class and he knew only signing in
English. He denied that he did not sign on Ex.A1 and A2 promissory notes and about alleged money lending business by the plaintiff. When Pws.1 and 2 were cross examined their evidence was not shaken on material particulars. Pw.2 though could not 6 OS No.157/2014 depose the date of transactions by deposing he did not remember alleged dates, he could depose the years of alleged transactions as well as the names of some of the persons said to have present at the time of alleged lending amount. However, the denomination was deposed differently by Pws.1 and 2. Pw.1 deposed as Rs.1,000/ notes. Whereas Pw.2 deposed as Rs.500/ notes. The witness is able to depose on the material aspects and also corroborated on material particulars or any minor discrepancy the entire case of the plaintiff need not be brushed aside if it inspires the confidence of the Court.
12.During the course of cross examination Pw.3 categorically deposed that the plaintiff as his sister in law by courtesy. He deposed that he was not a signatory of
Ex.A1 promissory note but claimed about his presence at that time. He deposed about the alleged passing of consideration by the plaintiff to the defendant in the denomination of Rs.1,000/ notes. He denied no such transactions took place in his presence and deposing false as he was said to be the neighbour of the plaintiff. The plaintiff by virtue of her testimony coupled with the testimony of Pw.2 alleged attester of Exs.A1 and A2 promissory notes prima facie discharged her initial burden. Then the onus of proof shifts to the defendant to prove the contrary.
13.By virtue of Section 118 of Negotiable Instruments Act, Presumptions shall be made; “a) that every negotiable instrument was made or drawn for consideration and that every such instrument, when it has been accepted, indorsed, negotiated or transferred, was accepted, indorsed, negotiated or transferred for consideration;
b) as to date; that every negotiable instrument bearing a date was made or drawn on such date;”
Section 20 of Negotiable Instruments Act which speaks as follows: “Where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instruments then in force in and either wholly blank or having written thereon an incomplete negotiable 7 OS No.157/2014 instrument, be thereby gives prima facie authority to the holder thereof to make or complete, as the case may be upon it a negotiable instrument, for any amount specified therein and not exceeding the amount covered by the stamp. The person so signing shall be liable upon such instrument, in the capacity in which he signed the same, to any holder in due course for such amount; provided that no person other than a holder in due course shall recover from the person delivering the instrument anything in excess of the amount intended by him to be paid thereunder.”
14.So by virtue of Section 118 and Section 20 of Negotiable Instruments Act, the person who signed on the instrument is liable to act upon it. So until contrary is proved the Court can presume that Negotiable Instruments Act is drawn for valid consideration and the person who singed on it has to act upon it. Now it has to be seen whether the evidence of Dw.1 and his witness is quite sufficient to rebut the presumption under section 118 and 20 of the Negotiable Instruments Act, when the cross examination of
Pws.1 to 3 is quite in sufficient to rebut the presumption. Whatever was pleaded in the written statement was incorporated in the chief examination affidavits of the defendant, when the defendant himself was examined as Dw.1. During the course of cross examination Dw.1 categorically deposed that he was an illiterate but deposed he could sign in Telugu and deposed further that he was unable to read English by deposing he could understand Telugu. He deposed regarding incorporating the same contents of chief examination in his written statement and denied of not incorporating the same.
According to his testimony the house of the plaintiff and his house was situated in the same street and also deposed that having talking terms between the plaintiff and himself prior to filing of the suit. He pleaded ignorance about Basumiya, Ranjeeth and he deposed he did not know them and not known that they belonged to his village. He denied the plaintiff gave a loan of Rs.1,00,000/ on 15082011 and Rs.50,000/ on 02 012012 to him in the presence of Basumiya and Ranjeeth and deposed falsehood to evade repayment. He further denied about alleged arrival of the plaintiff and her husband on 15042014 to his house and said to have demanded him to pay the amount 8 OS No.157/2014 and about alleged threatening by him that if they ask the money repeatedly he would foist a false case under SC, ST Atrocities Act. He pleaded ignorance regarding alleged filing of criminal case against him by the plaintiff and her husband at Jakranpally police station alleging that he threatened them. According to him once he was called to the police station. He deposed that he did not file any document to show that he constructed a house to the plaintiff and denied that he was not a mesthri. When it was suggested to Pw.1 that the defendant was mesthri, Pw.1 admitted the same whereas suggested differently to Dw.1. Dw.1 further deposed for not having labour card.
According to him, he applied for it but did not get the card. He further deposed that he was working as mesthri and he denied that he was not a mesthri and he was only a farmer. According to the testimony of Dw.1 he used to get income of Rs.10,000/ to
Rs.15,000/ and also sustained loss some times. He denied his signature on vakalath filed on his behalf and deposed that the signature shown to him on the written statement appeared similar to that of his signature. He deposed that those signatures were not put by him on Exs.A1 and A2 promissory notes and deposed that he did not affix his left thumb impression on Ex.A1. He denied that he himself signed and put thumb impressions on Exs.A1 and A2 promissory notes. He admitted that his original signatures on vakalath and written statement as well as on chief examination affidavit were appearing similar to that of his disputed signatures on Exs.A1 and A2. He deposed the same when the signatures were shown to him on his deposition which according to
Dw.1 are appearing similar to that of his signatures. All together not denied the signatures on Exs.A1 and A2. In view of this manner of testimony to the effect that his own signatures as appearing similar, it can be considered that he is not deposing truth even with regard to his signatures on depositions and he only deposed his signatures are appearing similar to that of his signatures when shown the signatures on deposition.
He deposed the signatures on Exs.A1 and A2 are appearing similar to that of his signatures on vakalath, written statement, summons and chief examination affidavit but not denied specifically the signatures on Exs.A1 and A2 did not belong to him.
9 OS No.157/2014
15.Whatever was deposed by Dw.1 in his chief examination regarding alleged transaction of construction of the house of the plaintiff by himself about alleged fell due certain amount was deposed by Dw.2 in his chief examination affidavit. During the course of cross examination he denied the defendant and himself were close friends and according to his testimony he was working under the defendant. He deposed that the plaintiff was resident of Torlikonda village and the defendant was resident of Armoor.
He deposed that the house of the plaintiff was situated three houses away from
Buchakonda Buchanna i.e. the defendant. He deposed that he was an illiterate but he could put his signature. He denied that he was not the person as mentioned in his chief examination affidavit and denied further giving of hand loan of Rs.1,00,000/ on 1508 2011 and Rs.50,000/ on 02012012 by the plaintiff to the defendant. He denied that he never constructed the house for the defendant. He pleaded ignorance regarding the house number of the plaintiff. Dw.2 evidence is no way concerned or helpful to Dw.1 in order to support the contentions of the defendant. Admittedly no document was filed by the defendant to show he did construction work for the house of plaintiff by virtue of filing any receipt to show he said to have purchased the material in the name of the plaintiff or her husband for the sake of the construction of the house. When he contended in his pleadings that the signatures on Exs.A1 and A2 promissory notes did not belong to him but no efforts were made by the defendant to send the disputed signatures or documents under Exs.A1 and A2 promissory notes to an expert to show his genuineness. He did not take steps to compare the disputed signatures with his admitted contemporary period signatures. No efforts were made by him to send the disputed signatures under Exs.A1 and A2 promissory notes and disputed thumb impressions on Exs.A1 and A2 to the expert. He kept quite without initiating any action against the plaintiff, if at all the plaintiff made any false claim nothing prevented the defendant to give any report to the police or against her husband. It appears Ex.A3 legal notice was issued by the plaintiff to the defendant calling upon him to make payment of amount covered under Exs.A1 and A2 promissory notes. Issuing of same is 10 OS No.157/2014 evidencing under Ex.A4 postal receipt. The defendant said to have received the same under Ex.A5 postal acknowledgment for which the defendant said to have issued Ex.A6 reply notice equivalent to Ex.B1 reply notice incorporating the same things as contended in his written statement. Issuing of Ex.B1 reply notice by the defendant on 12052014 is evidencing under Ex.B2 postal receipt as well as Ex.B3 postal acknowledgment. Mere denial by the defendant is not sufficient regarding his contention that Ex.A1 and A2 did not contain his signatures or thumb impressions. There is no material placed by the defendant contrary to the claim of the plaintiff. He failed to establish that the suit promissory notes under Exs.A1 and A2 are forged or fabricated documents. Contrary was not proved. Hence the things can not only be presumed in favour of the plaintiff but also proved by the plaintiff. The defendant did not act prudently if at all the plaintiff made alleged false claim. So the things can not only be presumed under section 118 and Section 20 of the Negotiable Instruments Act, but also proved by the plaintiff. As contrary is not shown it is not unreasonable to held that the suit promissory notes dated 15082015 for Rs.1,00,000/, dated 02012012 for Rs.50,000/ are true, valid supported by the consideration and are binding on defendant by virtue of execution of the same. The plaintiff with the supporting testimony of alleged attester in whose presence transaction of borrowing amount taken place is able to establish the execution of Exs.A1 and A2 promissory notes as well as passing of consideration. Hence it entitles the plaintiff to recover the suit amount from the defendant. The defendant is shown as resident of Torlikonda village of Jakranpally and also the present transaction taken place at the residence of the plaintiff i.e. at Thorlikonda Village, the defendant also belongs to same village, hence this Court has jurisdiction to entertain and to deal with this suit. Exs.A1 and A2 promissory notes are dated 15082011 and 02012012 respectively and the suit is filed on 11072014 i.e. within three years from the date of execution of Exs.A1 and A2 promissory notes as the suit is filed within three years of limitation prescribed for filing the suit for recovery of money. Hence it can be considered that this Court has jurisdiction to entertain and to deal with this suit. As per 11 OS No.157/2014 the testimony of both the parties the defendant is a mesthri or contractor, hence, it can be considered the defendant is not an agriculturist and debt is not contracted for agricultural purpose, hence the defendant is not entitled for any debt relief Act.
16.In view of the aforementioned observations and discussions made supra on cumulative evaluation of entire evidence on record coupled with Exs.A1 and A2 established the suit claim of the plaintiff. On the other hand the defendant could not support his contentions positively regarding alleged transaction of construction of house of the plaintiff or alleged payment only Rs.2,00,000/ or alleged payment of the defendant to make payment alleged due amount of Rs.4,16,000/. As per defendant the reason for alleged boring grudge by the plaintiff was alleged demand by him to the plaintiff to make payment. He failed to establish that the suit documents did not contain his signatures or he never borrowed any amount or no consideration was passed or Exs.A1 and A2 are created or forged documents. As contrary is not proved, hence it entitles the plaintiff to recover the suit amount from the defendant as he failed to discharge his onus. It is not needless to emphasis more on the aspects which are subsidiary in nature. Thus the issue Nos.1 and 2 are determined in favour of the plaintiff and against the defendant.
17.Issue No.3:
In the result, the suit of the plaintiff is decreed with costs in favour of the plaintiff and against the defendant for Rs.2,49,910/ together with interest @ 12% per annum from the date of filing of the suit till the date decree and thereafter interest @ 6% per annum on total principal amount of Rs.1,50,000/ (Rs. 1,00,000/ +
Rs.50,000/) from the date of decree till the date of realization.
Dictated to Steno, transcribed by him, corrected and pronounced by me in open
Court, on this the 07th day of November, 2017.
FAC: Addl. Senior Civil Judge (FTC), Nizamabad at Armoor 12 OS No.157/2014
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PLAINTIFF(S)FOR DEFENDANT(S)
PW1: Ganji Savitha Dw.1: Kolipaka Bhumanna PW2: Mohd. Basumiya Dw.2: Bachapally Nadipi Devaiah PW3: Utkam Srinivas Goud
EXHIBITS MARKED
(On behalf of the)
FOR PLAINTIFF(S)
Ex.A1: Original promissory note dated 15082011 executed by the defendant in favour of the plaintiff for Rs.1,50,000/ Ex.A2: Original promissory note dated 02012012 executed by the defendant in favour of the plaintiff for Rs.50,000/ Ex.A3: Office copy of legal notice dated 23042014 got issued on behalf of the plaintiff by the defendant Ex.A4: Postal receipt dated 25042014 in the name of the defendant Ex.A5: Acknowledgment card dated 26042014 Ex.A6: Reply notice dated 13052014 got issued on behalf of the defendant
FOR DEFENDANT(S)
Ex.B1: Reply notice dated 12052014 got issued on behalf of the defendant Ex.B2: Postal receipts (2 in Nos.) Ex.B3: Two postal acknowledgments
FAC: Addl. Senior Civil Judge (FTC), Nizamabad at Armoor.
Order Record 2 total
| Case No. | Parties | Date | Type | Outcome |
|---|---|---|---|---|
| OS/157/2014 | Smt.Ganji Savitha vs Kolipaka Bhumanna | 07 Nov 2017 | Judgment | — |
| OS/159/2014 | Ganji Srinivas vs Kolipaka Bhumanna | 07 Nov 2017 | Judgment | — |
Frequently Asked Questions
How many cases has S.V.P. Surya Chandrakala handled?
S.V.P. Surya Chandrakala has handled 2 court orders since 2017 at Armoor, SCJ Court Complex.
What types of cases does S.V.P. Surya Chandrakala hear?
Based on available records, S.V.P. Surya Chandrakala primarily handles Civil matters (Original Suits) at Armoor, SCJ Court Complex.
Where is S.V.P. Surya Chandrakala currently posted?
S.V.P. Surya Chandrakala is posted as Addl. Senior Civil Judge, FTC, Armoor at Armoor, SCJ Court Complex, Nizamabad, Telangana.
Are judgments by S.V.P. Surya Chandrakala available online?
Yes. 2 judgments by S.V.P. Surya Chandrakala are available on Legistro with full text, outcome, and sections cited.
Since when is S.V.P. Surya Chandrakala serving?
S.V.P. Surya Chandrakala has been serving at Armoor, SCJ Court Complex since 2017.
Case Types
Posting History
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Jul 2018 — Aug 2018Addl. Senior Civil Judge, FTC, Armoor
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Sep 2017 — Nov 2017Addl. Senior Civil Judge, FTC, Armoor · 2 orders
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