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

2011 Supreme(AP) 137

2011 (3) ALD 678
High Court of Andhra Pradesh
N.R.L. NAGESWARA RAO
Heerakar Baloji
Versus
Kaleru Venkataiah & Others
Appeal Suit No. 262 of 1992
Decided on : 18-02-2011

Advocates Appeared:
For the Appellant:Y.N. Lohita, Advocate.
For the Respondents:Narsing Rao Nandikonda, Advocate.

Headnote:

Limitation Act, 1963 – Article 70 – Civil Procedure Code, 1908 – Indian Contract Act, 1872 – Section 177 – Delay/Laches/Limitation – Loan – Redemption of the plaint – Decreed – Schedule property ornaments – Suit for settlement of accounts – Case of plaintiff, the 2nd defendant is the son of the 1st defendant – Plaintiff obtained a loan from the 1st defendant and pledged the schedule property ornaments and a document was executed – As the plaintiff’s financial condition went on dwindling day by day, he could not redeem the pledge by paying the loan amount. About four months prior to filing of the suit, the defendants demanded more than Rs.20,000/- for discharge of the loan saying that the principal amount, for which, plaint schedule ornaments were pledged totalled Rs.15,000/- He suspected the bona fides of the defendants and sought the mediation of the elders – The said elders assembled in the house of Dathri Yadagiri and called defendants for settlement – Before the said elders, the defendants admitted the pledge of the plaint schedule ornaments with them by plaintiff, but claimed Rs.15,000/-as principal amount and interest at the rate of 24% per annum – When plaintiff showed the aforesaid documents to the elders, the defendants got angry and scolded the plaintiff and beat him with their slippers. In view of all the above facts, the plaintiff cannot redeem the pledged ornaments – Held, Amount due by the pledgor and also regarding the articles pledged and redeemed from time to time, the proper course for the pledgor to adopt was either to sue for redemption of the articles which according to him were with the pledgree, tendering the amount which according to him was due or in the alternative he could sue the pledgee for damages for the sale of the pledged articles illegally held – In either case if the defendant disputed the accuracy of the statement of the plaintiff regarding the amount due or the articles pledged or redeemed the court would go into the question and determine the same – It is not open to the plaintiff taking advantage of the dispute, to file a suit for accounts – It is clearly held that no suit for settlement of accounts is maintainable and the only remedy is to deposit the money and seek for the return of the goods – Therefore, viewed from any angle, the claim of the plaintiff is not sustainable and the suit is not maintainable and there are no grounds to interfere with the judgment and decree passed by the lower Court – Appeal is dismissed.

Judgment :

1. The plaintiff in O.S.No. 40 of 1984 on the file of the Subordinate Judge, Bhongir, is the appellant herein.

2. The suit was filed for preliminary decree for redemption of the plaint schedule ornaments, which were pledged towards the loans and on determination of amount payable, to direct the defendant to return the same.

3. According to the case of the plaintiff, the 2nd defendant is the son of the 1st defendant. On 22-05-1975 the plaintiff obtained a loan of Rs.2,000/- from the 1st defendant and pledged the schedule property ornaments and a document was executed. Subsequently, on 05-06-1975, on 28-06-1975 two loans of Rs.2,000/- each were obtained on the same pledge and defendant No.1 gave plaintiff a small chit signed by the 2nd defendant showing the principal amount as Rs.6,000/-. The rate of interest agreed was 6% per annum. As the plaintiff’s financial condition went on dwindling day by day, he could not redeem the pledge by paying the loan amount. About four months prior to filing of the suit, the defendants demanded more than Rs.20,000/- for discharge of the loan saying that the principal amount, for which, the plaint schedule ornaments were pledged totalled Rs.15,000/-. He suspected the bona fides of the defendants and sought the mediation of the elders Patnam Venkat Narsaiah, Vasam Satyanarayana, Sadu Narayana Muthyam Prakash, Dathrak China Rajaiah, Kadipe Yadagiri and Kandari Rajaiah. The said elders assembled in the house of Dathri Yadagiri on 09-05-1982 and called the defendants for settlement. Before the said elders, the defendants admitted the pledge of the plaint schedule ornaments with them by the plaintiff, but claimed Rs.15,000/-as principal amount and interest at the rate of 24% per annum. When the plaintiff showed the aforesaid documents to the elders, the defendants got angry and scolded the plaintiff and beat him with their slippers. In view of all the above facts, the plaintiff cannot redeem the pledged ornaments. Hence the suit.

4. As the 1st defendant died, defendants Nos. 3 to 6 were added, as they are the legal representatives of 1st defendant.

5. The defendants filed a written statement denying the allegations in the plaint with regard the pledge and also with regard to the issuance of the chit. There was no transaction in the manner pleaded by the plaintiff. The 1st defendant advanced a loan of Rs.10,000/- on 22-05-1975 to the plaintiff and obtained a promissory note. There is no other loan transaction. The alleged panchayat pleaded by the plaintiff is not true. It is only an attempt to save the limitation. The suit is not maintainable as there is no cause of action. The valuation is not correct. The suit is vexatious. Therefore, the suit is liable to be dismissed.

6. On the basis of the above pleadings, the following issues have been framed by the trial court, for trial: 1) Whether the plaintiff pledged gold ornaments mentioned in schedule on 22-05-1975 and obtained loan of Rs.2,000/- and also obtained loan of Rs.2,000/- on 05-06-1975 and Rs.2,000/- on 26-06-1975 from 1st defendant?

2) Whether defendants constitute Joint Hindu Family?

3) Whether 2nd defendant gave any chit on 28-06-1975 and if so, what is the effect?

4) Whether there was any panchayathi on 09-05-1982 as alleged in Plaint?

5) Whether defendant demanded Rs.20,000/- for discharge of loan?

6) Whether suit is bad for misjoinder of parties?

7) Whether suit is bad for misjoinder of cause of action?

8) Whether suit is maintainable?

9) Whether suit is within limitation?

10) To what relief the parties are entitled?

7. On behalf of the plaintiff, PWs. 1 to 5 were examined and marked Exs.A-1 to A-12. On behalf of the defendants DWs.1 to 4 were examined and marked Exs.B-1 to B-20 and Exs.X-1 to X-75.

8. After considering the evidence on record, the learned Subordinate Judge, Bhongir, dismissed the suit of the plaintiff. Aggrieved by the said judgment and decree, the present appeal is filed.

9. The points that arise for






















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
whatsapp-icon Back to top