IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Renuka Yara
Kalyanam Srinivasa Rao – Appellant
Versus
Yanamaddi Rajesh – Respondent
JUDGMENT :
Renuka Yara, J.
Heard Sri D. Shaila, learned counsel for the appellant on the question of admission. Perused the record.
2. The second appeal is preferred by the appellant/ appellant/defendant aggrieved by the judgment and decree passed by the learned VI Additional District Judge at Sathupally in A.S.No.6 of 2023, dated 02.05.2025 confirming the judgment and decree passed by the Senior Civil Judge at Sathupally in O.S.No.136 of 2012, dated 23.09.2022, wherein the suit filed for recovery of amount of Rs.9,96,200/- with interest has been decreed in favour of the respondent/respondent/plaintiff for Rs.9,96,200/- with costs and interest at 12% per annum from the date of suit till the date of realization.
3. For the sake of convenience, the parties are referred as they are referred before the Trial Court.
4. The brief facts of the dispute between the parties are that the plaintiff and defendant were acquainted with one another. Out of said acquaintance, the defendant borrowed an amount of Rs.6,00,000/- on 29.12.2009 to meet his family and business necessities. After receiving the amount, the defendant executed a demand promissory note in favour of the plaintiff agreeing to repay t
A plaintiff in a promissory note case bears the burden of proof for execution, while the defendant alleging forgery must provide adequate evidence to rebut the presumption of validity.
The courts affirmed the validity of a promissory note based on direct evidence, emphasizing that expert testimony is weak and should not override substantive evidence.
The burden of proof shifts to the defendant when the court finds that the disputed signatures match the admitted signature. Failure to examine a key witness may not be fatal to the plaintiff's case.
The burden of proof lies with the Plaintiff to establish the execution and validity of the promissory note, and the Court can compare signatures to determine authenticity.
The validity of a promissory note is upheld when supported by evidence of execution and consideration, and a second appeal requires substantial questions of law to be present.
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