JUDGMENT :

Venuthurumalli Gopala Krishna Rao, J.

1. The appeal is filed by the appellant/defendant in O.S.No.78 of 1990 on the file of the Principal Senior Civil Judge’s Court, Eluru. The respondent herein is the plaintiff in the said suit.

2. Both the parties in the appeal hereinafter referred to as the parties that were referred before the trial Court.

3. The plaintiff filed the suit for recovery of suit claim of Rs.61,830/- with subsequent interest thereon.

4. In a nutshell, the brief averments of the plaint are as follows:-

The plaintiff lent an amount of Rs.45,000/- to the defendant by way of Demand Draft No.60600 dated 31.03.1987 of District Cooperative Central Bank Limited, Bazar Branch, Eluru, drawn in favour of the defendant and handed over the same to the defendant and the defendant promised to repay the aforesaid amount along with interest at the rate of 18% per annum. But the defendant failed to repay the same to the plaintiff. The plaintiff got issued a Legal Notice dated 11.10.1989 to the defendant.

5. The defendant issued a reply notice with false allegations that the defendant is not entitled the benefits of Agricultural Debt Relief Acts and he is a businessman (Income Tax