The defendants are n the appellants in this second appeal. The t] plaintiff (respondent herein) filed O.S. No.159 b of 2002 in the Court of II Additional Senior Civil Judge, Warangal, for recovery of a sum of Rs.2,72,000/- allegedly due from the p defendants and the same was decreed by C judgment dated 24.1.2006. The appeal I preferred by the defendants, being A.S. No.51 of 2006 on the file of the IV Additional District Judge, Warangal, was dismissed by judgment dated 8.2.2007. Hence, this second appeal.

2. The case of the plaintiff, in brief, is as follows:

The plaintiff advanced a sum of Rs. 2,25,000/- to the 1st defendant during May 1977 without executing any document. The 1st defendant postponed the repayment of the said amount for a long time and ultimately on the intervention of the elders and well-wishers, the 1st defendant executed an agreement dated 10.12.2000 agreeing to repay the amount due within six months; in default, he would handover his house bearing No.I-9-559 to the plaintiff as per the market value prevailing as on 10.6.2001. The first defendant though did not make the payment within the time agreed, issued a cheque dated 30.6.2001 drawn on Vijaya Bank Limited, Extension Counter, Hanumakonda, for a sum of Rs.2,25,000/in favour of the plaintiff. However, even the said cheque was returned for want of sufficient funds. In the circumstances, the plaintiff got issued a notice calling upon the 1st defendant to repay the amount. Since there was no response, O.S. No.l59 of2002 was filed on 22.4.2002 seeking a decree against the 1st defendant as well as his wife who was made a party as defendant No.2.

3. The defendants filed a written statement pleading that they have not borrowed any amount from the plaintiff. Thus, it was contended that there was no cause of action for filing the suit and that at any rate the suit itself was barred by limitation.

4. It was further alleged that the plaintiff, who was the Director of a Finance Company, trespassed into the house of the 1st defendant on 2.3.2001 along with some anti-social elements and on the basis of some documents allegedly executed by the 1st defendant, got him illegally detained in the police station. Subsequently, on 13.7.2001 the 1st defendant noticed that a signed blank cheque was missing from his cheque-book. On 14.7.2001, the said fact was intimated to the Manager of the Bank and immediately thereafter the 1st defendant filed O.S. No.926 of 2001 in the Court of the II Additional Junior Civil Judge, Warangal, seeking an injunction against the plaintiff herein.

5. On the basis of the said pleadings, the trial Court settled the following issues:

(1) Whether the plaintiff advanced Rs.2,25,000/- during May, 1997 to defendant No.1?

(2) Whether defendant No.1 executed agreement on 10.12.2000 acknowledging his liability of Rs.2,25,000/- and agreeing to repay the same within six months and in default agreed to handover House No.l-9-559 to the plaintiff?

(3) Whether defendant No.1 issued cheque dated 30.6.2001 for Rs.2,25,000/- in favour of plaintiff?

(4) Whether the plaintiff is entitled for recovery of amount as claimed?

(5) To what relief?

6. Before the trial Court, four witnesses were examined on behalf of the plaintiff and Exs.Al to All documents were marked to substantiate the suit claim. The 1st defendant got himself examined as D.W.l and Exs. B1 to B4 documents were marked on behalf of the defendants.

7. On appreciation of the evidence, both oral and documentary, the trial Court found that the plaintiff had advanced a sum of Rs.2,25,000/- to the 1st defendant and that the 1 st defendant having executed EX. A1 agreement dated 10.12.2000 acknowledging the liability, failed to pay the same within six months as agreed. It was also found that the cheque issued by the 1st defendant in favour of the plaintiff was dishonoured on account of insufficient funds. Accordingly, the suit was decreed for a sum of Rs.2,25,000/- with exemplary cost". The lower appellate Court on