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1984 Supreme(Kar) 325

MURALIDHARA RAO
BASAPPA – Appellant
Versus
GAREMANE KAMANNA – Respondent


Advocates:
M.S.GOPALKRISHNA, N.Y.HANUMANTHAPPA

MURALIDHARA RAO, J.

( 1 ) THIS appeal is directed against an order of remand dated 30. 1. 1980 passed by the civil Judge, Madhugiri in R. A. No. 67/79. The said appeal was filed against the order of the Addl. Munsiff and J. M. F. C. , madhugiri on issues 1 and 2 on O. S. No. 21/1977. By the said order, which is dated 28th June 1979, the learned Munsiff, dismissed the suit.

( 2 ) THE admitted facts are, that the defendant executed a pronote on 26th march 1974 for a sum of Rs. 6. 000/ -. The plaintiff filed the suit on 12th June 1977. In the said suit, the following issues were raised. 1. Whether the plaintiff proves that he has complied with the provisions of the money Lenders Act and the suit is tenable? 2. Whether the defendants are 'agriculturists' within the meaning of the term as defined in the (Mysore) Karnataka Agriculturists relief Act? 3 ). Whether the defendants prove that the said promissory note is not supported by consideration? 4. Whether the defendants prove that they are not liable to pay the suit claim ? 5. Whether the plaintiff proves that the defendants 2 to 4 are liable to pay the suit claim, under pious obligation? issue Nos. 1 and 2 were tried as preliminary iss






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