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2022 Supreme(AP) 943

U. DURGA PRASAD RAO, TARLADA RAJASEKHAR RAO
S. Subrahmanyam Naidu – Appellant
Versus
V. Ramachandra Naidu – Respondent


JUDGMENT

U. Durga Prasad Rao, J. - Challenging the decree and judgment dated 18.09.2019 in O.S.No.182/2011 passed by learned IV Additional District Judge, Tirupathi decreeing the plaintiff's suit for a sum of Rs.42,96,648/- with interest @ 12% p.a. from the date of suit till the date of decree and thereafter @ 6% p.a. till realization on the principal amount of Rs.25,00,000/-, the defendant filed the instant appeal.

2. The factual matrix of the case in nutshell is thus:

    (a) The plaintiff's case is that the plaintiff and defendant are relations and they are businessmen. For his business purpose, the defendant borrowed Rs.25,00,000/- from the plaintiff and executed suit promissory note on 01.09.2008 agreed to repay the amount with interest @24% p.a. However the defendant did not pay the pronote debt on one or other excuse. Hence the suit.

    3. The defendant opposed the suit by filing written statement contending thus:

      (a) The plaintiff and defendant are relatives and defendant is a businessman. The plaintiff used to work under the defendant as an employee and his only source of income was his employment and except that he had no other source of income. The plaintiff thus has no capacity to

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