JUDGMENT :

1. Mr. M.V.V. Prasada Rao, the unsuccessful defendant in O.S. No. 205 of 1986 on the file of the I Additional Subordinate Judge, Kakinada, had preferred the present appeal aggrieved by the judgment and decree made in the aforesaid suit, dated 22-9-1994. The Municipal Council, Kakinada, is the respondent-plaintiff.

2. The respondent herein-plaintiff in the aforesaid suit filed the suit for recovery of Rs. 1,64,126-50ps due towards arrears of lease and penal interest with subsequent interest and for costs. The learned I Additional Subordinate Judge, Kakinada, recorded the evidence of P.W. 1 and D.W. 1, and marked Exs. A-1 to A-5 and Exs. B-1 to B-14, and ultimately decreed the suit in part after deducting Rs. 43,000/-, as D.W. 1 admitted that the account shown in Ex. A-4 was correct, with proportionate costs and with subsequent interest at 6% p.a., from the date of decree till realization. Hence, the appeal. Sri M. Ram Mohan, the learned Counsel representing the appellant-defendant would contend that there is no written agreement for the period-in-question and unless there is a written agreement, the contract cannot be enforced as the same being void. On the strength of the