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1996 Supreme(AP) 1306

P.RAMAKRISHNAM RAJU
N. Pattabhi Ramaiah – Appellant
Versus
Nalluri Krishna Mohan Rao – Respondent


P. RAMAKRISHNAM RAJU, J.

( 1 ) THE unsuccessful defendants are the appellants. The suit is filed for recovery of Rs. 20,710/- on the foot of a promissory note dated 25-9-1976 alleged to have been executed by the appellants Nos. 1 and 2. Appellant No. 1 is the father of the other appellants. The appellants constitute a joint Hindu family and are carrying on business in the name and style of Nalluri Pattabhiramayya and Company. The appellants were purchasing tobacco from the respondent and thereby they became indebted to him on that account and also towards hire charges for employing the tractor for ploughing their land and also borrowed some hand loan. The appellants settled the account on 25-9-1976 and the outstanding came to Rs. 16,000/- and accordingly they executed the suit promissory note marked as Ex. A-1. The purpose for which the pronote was executed was clearly mentioned. Before filing the suit a registered notice was also issued on 11-7-1979, office copy of which is marked as Ex. A-2 for which the appellants gave a contentious reply. Hence the suit.

( 2 ) IN the written statement the appellants besides denying the material allegations in the plaint have stated that the sui








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