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1959 Supreme(AP) 47

MANOHAR PERSHAD, MOHAMMED AHMED ANSARI
Govula Ramakistiah – Appellant
Versus
Yerram Yellappa – Respondent


( 1 ) ON the basis of a sircath said to have been executed by the appellant herein for the monies borrowed by him from time to time, the plaintiff has filed a suit for recovery of Rs. 18,785-10-10 together with costs and future interest at the rate of 6 per cent per annum, alleging that in respect of mutual dealings between him and the defendant (appellant) accounts were made up and there was a settlement on 20-7-1953 of the said mutual dealings and the defendant was found due to the plaintiff in a sum of Rs. 18,001, According to the plaintiff the "defendant had agreed to pay the said sum within one month from the said date and executed a sireath in his favour. The plaintiff alleges that in spite of notice to pay the amount, the defendant has failed to pay it. The plaintiff therefore claims Rs. 18,001 towards principal and Rs. 774. 00 towards interest and Rs. 10-10-0 towards notice and registration charges; in all Rs. 18,785-10-10. The appellant has denied the execution of the sireath or having received She consideration and stated that it was a forged document. He further averred that he never entered into any personal transaction with the plaintiff or any settlement thereof and s


































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