KRISHNASWAMI NAYUDU
Sait Balumal Dharmadas Firm Bankers represented by partner Bolumal Dharmdas, Bezwada – Appellant
Versus
Gollapudi Venkata Chelapathi Rao – Respondent
This appeal arises in a suit on a pronote for Rs. 1,400, dated 24th July, 1942, executed by the defendants in the plaintiffs’ favour. The defendants denied liability as they stated that the pronote was brought about in the following circumstances. The 2nd defendant obtained a decree against one Kanakam in O.S. No. 94 of 1938 on the file of the District Munsif’s Court, Vijayawada for Rs. 2,000 with a charge on his immoveable properties. On 31st December, 1939, the 2nd defendant transferred the decree by a registered document, the arrangement being that the transfer of the decree was a security for moneys to be advanced by the plaintiffs from time to time for the purposes of his trade. It is the defendants’ case that a sum of Rs. 600 was paid, which was mentioned as the consideration for the transfer deed, and that as part of the arrangement the 2nd defendant should look after the execution of the decree and recover the amount, though the decree had been transferred to the plaintiffs, that execution proceedings were started in the name of the plaintiffs’ firm and the property was brought to sale and that the 2nd defendant was the highest bidder and he paid 25 per cent. of the
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