( 1 ) THIS is an appeal under Clause 15 of the Letters Patent against the judgment and decree of Sanjeeva Row Nayudu, J. parity reversing the judgment and decree of the Subordinate Judge, of Vijayawada in O. S. No. 148 of 1954. The plaintiff is the appellant. He instituted a suit for recovery of Rs. 5825. 00 on foot of a promissory note executed by the defendant in his favour on 30-7-1951. The plaintiff and the defendant have married-sisters. The plaintiff is a resident of Manikonda and the defendant is a resident of Avutapalli. The case of the defendant is that he made in all ten payments on different dates and that only a balance of Rs. 1973. 00 was due by him. The learned Subordinate Judge accepted the evidence of the plaintiff and rejected the evidence of the defendants witnesses as to the several alleged payments. In the result, he decreed the suit as prayed for. On appeal to this Court, the learned Judge held thfct out of the ten payments, seven payments were untrue. Relying on the evidence of D. W. 3, the learned Judge held that the three payments dated 11-9-52, 27-10-52 and 3-12-52 of Rs. 500, Rs. 700, and Rs. 200. 00 respectively were true- He disallowed the claim of the p

Click Here to Read the rest of this document