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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
Pagidipalli Isaaku – Appellant
Versus
Vemulapalli Veera Venkata Laxmi Narasimha Rao – Respondent
| Table of Content |
|---|
| 1. recovery of money based on promissory note (Para 2 , 3) |
| 2. defendant's denial of borrowing and allegations of illegal money lending (Para 4 , 6) |
| 3. trial court's findings on proof and credibility of evidence (Para 5 , 8) |
| 4. conditions under which a suit may be dismissed due to lack of license (Para 7 , 9) |
| 5. second appeal dismissed for lack of substantial questions of law (Para 10 , 11) |
JUDGMENT :
RENUKA YARA, J.
Heard Sri G. Sushanth Kumar, learned counsel for the appellant/appellant/defendant, on the question of admission. Perused the record.
2. This Second Appeal is preferred by the appellant/ appellant/defendant aggrieved by the judgment and decree dated 13.06.2025 in A.S.No.14 of 2024 passed by the learned VI Additional District Judge at Sathupalli (for short ‘the First Appellate Court’) confirming the Judgment and Decree dated 06.02.2024 in O.S.No.115 of 2016 passed by the learned Senior Civil Judge at Sathupalli (for short ‘the Trial Court’), wherein, a suit filed for recovery of money has been decreed and the same has been confirmed by the First Appellate Court in appeal.
3. The background facts of the case are that the respondent/plaintiff filed suit for recovery
Promissory notes require evidence to challenge validity; mere allegations are insufficient to avoid liability for repayment under a loan agreement.
A sporadic money lending does not constitute a business; appropriate evidence must be presented to challenge loan authenticity.
The provision of clear documentation in loan transactions is essential for recovery, and the burden of proof lies with the debtor to demonstrate repayment.
Lending money on rare occasions does not constitute a money-lending business under the Karnataka Money Lenders Act, thus affecting the maintainability of related suits.
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