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1987 Supreme(Kar) 28

P.A.KULKARNI
G. HANUMANTHAPPA – Appellant
Versus
S. BALA RANGAIAH – Respondent


Advocates:
H.Kantharaj, K.S.Savanur

P. A. KULKARNI, J.

( 1 ) ORDER :- This is a defendants' revision against the judgement and decree dated 27th July, 1985 passed by the Civil Judge, Hospet, in R. A. 16/82 affirming the judgement and decree dated 19th Oct. 1982 passed by the Munsiff, Hospet, in O. S. 3/82, decreeing the suit.

( 2 ) THE plaintiff filed the suit alleging that the defendants on receiving Rs. 2000/- from him on 15-11-79 and agreeing to pay interest at 18% per annum, executed the suit pronote and also agreed to supply flowers raised by them to the plaintiff who is a wholesale dealer in flowers. It was agreed that the plaintiff should deduct the amount advanced by him for the supply of flowers to him. As the defendants failed to supply the flowers no amount could be adjusted. The defendants, notwithstanding many requests, did not return the money. Hence, the suit.

( 3 ) THE defendants resisted the suit.

( 4 ) THE trial court decreed the suit.

( 5 ) THE defendants' appeal to the lower appellate court proved abortive. Hence, the revision.

( 6 ) THE trial court, appreciating the oral evidence of the plaintiff-Bala Rangaiah and witnesses Ramappa-P. W. 2, Alla Bakash-P. W. 3, Kalappa P. W. 4 and the documents Ex














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