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1953 Supreme(Mad) 122

P.V.RAJAMANNAR
Garimalla Mallikarjuna Rao – Appellant
Versus
Mangipudi Tripura Saundari alias Ammanna – Respondent


Advocates:
C. Rama Rao for Appellant.
K. Bhimasankaram for Respondent.

Judgment.-

This second appeal arises out of a suit brought by the respondent in the Court of the District Munsiff of Amalapuram to recover a sum of Rs.1,072-5-3 being the amount due for principal and interest on a promissory note executed by the appellant-defendant in his favour on 6th April, 1945. Admittedly this promissory note was in respect of the amount of principal and interest due under a prior promissory note dated 8th April, 1942, which again was for the amount due under a still prior promissory note of 1939. The origin of the defendant’s liability in fact can be traced to the first promissory note of 30th April, 1936. Though by the date of the suit promissory note the Madras Agriculturists’ Relief Act had come into operation, the amount for which the promissory note was executed represented the amount due under the prior promissory note for principal and interest without taking into account the provisions of the Madras Agriculturists’ Relief Act, which it is common ground applies to the case inasmuch as the defendant is an agriculturist. The plea of the defendant was in the main that the plaintiff and her husband promised to collect only that amount which would be found du







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