JUDGMENT

1. The defendant is the appellant herein. The above second appeal is filed against the judgment and decree dated 04.01.2021 in A.S.No.3 of 2016 on the file of V Additional District Judge, Tirupathi, confirming the judgment and decree dated 09.08.2012 in O.S.No.35 of 2011 on the file of Senior Civil Judge, Puttur.

2. For the sake of convenience, the parties shall be referred to as they are arrayed in the O.S.No.35 of 2011.

3. Suit O.S.No.35 of 2011 was filed by the plaintiff for recovery of Rs.2,48,402/-, principal being Rs.70,000/- with interest @24% p.a. from 16.08.2000 to 30.03.2011, which comes to Rs.1,78,402/-, basing on a registered mortgage.

4. In the plaint, it was contended that defendant borrowed an amount Rs.70,000/- on 16.08.2000 and executed a registered mortgage deed and agreed to pay interest @24% p.a. Since the defendant failed to repay the amount, a legal notice dated 04.02.2011 was issued and filed the suit.

5. Defendant filed written statement and contended that he never borrowed any amount and executed mortgage deed. He further pleaded that he is entitled for the benefit of Act 4 of 1938.

6. During the course of trial, plaintiff examined himself as P.W.1, got