JUDGMENT :

Defendant in the suit filed the above second appeal aggrieved by the judgment and decree dated 18.11.2021 in A.S.No.56 of 2019 on the file of III Additional District Judge, Kurnool at Nandyal, confirming the judgment and decree dated 04.06.2019 in O.S.No.440 of 2017 on the file of Principal Junior Civil Judge, Nandyal.

2. For the sake of convenience and brevity, parties to this judgment are referred to as per their array in suit.

3. Plaintiff filed the suit O.S.No.440 of 2017 for recovery of an amount Rs.2,73,000/-, principal being Rs.2,25,000/- from the defendant on the strength of promissory note dated 20.10.2016.

4. The averments of the plaint, in brief, are that that defendant borrowed an amount of Rs.2,25,000/- on 20.10.2016 for his family and business necessities and executed a promissory note agreeing to repay the same with interest @ 24% per annum. In spite of demands made by plaintiff, defendant failed to repay the same. Plaintiff got issued legal notice dated 12.06.2017. Having received legal notice, however defendant did not give any reply. Hence, the suit was filed.

5. Defendant filed written statement and admitted about borrowing of Rs.2,25,000/-. He further pleaded that he used to pay the amount regularly to the plaintiff and for that purpose, he maintained book, which contained signatures of plaintiff. He also made some part payments by depositing amount in the bank account of plaintiff and he paid total amount of Rs.62,000/- out of the amount borrowed and thus, prayed to dismiss the suit.

6. Basing on the above pleadings, the trial Court framed the following issues :

(1) Whether the defendant made a part payment of Rs.62,000/- to the plaintiff towards the suit promissory note debt?

(2) Whether the defendant made payments towards the suit debt as pleaded?

(3) Whether the plaintiff is entitled for the entire suit claim?

(4) To what relief?

7. During the trial, plaintiff examined himself as P.W.1 and got marked Exs.A-1 to A-3. On behalf of defendant, he examined himself as D.W.1 and got marked Ex.B-1.

8. Trial Court on consideration of both oral and documentary evidence, decreed the suit with costs by judgment and decree dated 04.06.2019. Aggrieved by the same, defendant filed appeal A.S.No.56 of 2019 on the file of III Additional District Judge, Kurnool at Adoni. Lower appellate Court being the final fact finding Court, after framing necessary points for consideration and on consideration of oral and documentary evidence, dismissed the appeal vide judgment and decree dated 18.11.2021. Assailing the same, the present second appeal is filed.

9. Heard Sri T.C. Krishnan, learned counsel for the appellant/defendant.

10. Learned counsel for appellant would submit that the appellant paid an amount of Rs.62,000/- and in proof of the same, he filed Ex.B-1. However the Courts below failed to take note of the same. He also would submit that P.W.1 in his cross examination admitted about defendant sending amount to his account, but the same was not properly considered by the Courts below.

11. A perusal of the pleadings and evidence on record, undisputed facts are that defendant borrowed an amount of Rs.2,25,000/- from the plaintiff in 20.10.2016 and executed Ex.A-1 promissory note. When defendant failed to repay the same, plaintiff issued Ex.A-2 legal notice dated 12.06.2017.

12. Defendant admitted about execution of suit promissory note Ex.A-1. Once the defendant admitted execution of suit promissory note, presumption under Section 118 (a) of the Negotiable Instruments Act, 1881 attracts arise. The said presumption is rebuttable and the defendant had to prove that he paid Rs.62,000/- towards part payment in connection with Ex.A-1.

13. The defendant is a retired bank manager. He admitted that he is having acquaintance with the plaintiff for the last 25 years. He also admitted that he never mentioned the dates of part payments made by him towards suit promissory note to the plaintiff. Though it was pleaded by the defendant that he p