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1936 Supreme(Mad) 56

PANDRANG ROW
Alluri Venkataratnam – Appellant
Versus
Alluri Kanakasundara Rao – Respondent


JUDGMENT

Pandrang Row, J.

1. This is a petition to revise the decree of the principal District Munsiff of Guntur dated 10th November, 1933, in S.C.S. No. 1403 of 1933, a suit to recover Rs. 191 odd being the amount due on a promissory note dated 6th July, 1930, executed by the first defendant in favour of the plaintiffs transferor one Kameswara Row. The second defendant is the undivided son of the first defendant. It was alleged in the plaint that the plaintiff had obtained the transfer of the promissory note by endorsement on 22nd June, 1933, for good consideration. It was contended by the defendants that the debt due under the suit promissory note had been discharged long ago by the transfer of another promissory note to Kameswara Row in full discharge of the suit debt. It was also contended that the plaintiff is not a holder in due course. The two questions that were decided by the District Munsiff were that the discharge pleaded was true and that the plaintiff was not a holder in due course. So far as the truth of the plea of discharge is concerned, it has not been contended in the argument that the finding of the District Munsif is not according to law. The argument has been con







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