SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1983 Supreme(AP) 360

RAMA RAO
V. SESHAMMA – Appellant
Versus
VALIVELA BASAVAIAH – Respondent


RAMA RAO, J.

( 1 ) THESE revision petitions arise out of the suits filed in SC. Nos. 41 of 1978 and 129 of 1977 for recovery of the amounts. The father of the defendant borrowed the amounts on promissory notes from the plaintiff s transferor. The plaintiff is the holder in due course for consideration consequent upon transfer of pronotes in her favour and as the defandant failed to pay the amounts the suits were filed. The plea in the written statements in both the suits is identical. It is stated that the pronotes are forged and they are not supported by consideration and in any event the plaintiff is a small farmer owning Ac. 0-50 of wetland and eligible for benefits under A. P. Agricultural indebtedness (Relief) Act, 1977 (7 of l977) and as such the debts must be deemed to have been discharged. The plaintiff also claimed that she is a small farmer and as such the defendant is precluded from claiming the benefits c. R. P. 3076 and 3077 of 1980 Dt. 7-10-1983 under the Act. The Court below held that prouotes are true and the plaintiff is a bonafide holder in due course for valuable consideration. It is further held that the plaintiff is not a small farmer and the defendant is a smal




Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top