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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
K.Saraswathi – Appellant
Versus
Alugolu Praveen Kumar – Respondent
JUDGMENT :
Renuka Yara, J.
Heard Sri M. Ramgopal Rao, learned counsel for the appellant/respondent/defendant and Sri P. Rama Sharana Sharma, learned counsel for respondent/appellant/plaintiff on admission. Perused the record.
2. This Second Appeal is preferred by the appellant aggrieved by the judgment and decree dated 27.09.2024 in A.S.No.31 of 2023 on the file of the learned Principal District Judge, Bhadradri-Kothagudem District at Kothagudem (for short ‘the First Appellate Court’) allowing the Appeal Suit with costs throughout setting aside impugned judgment and decree dated 31.10.2023 in O.S.No.37 of 2019 on the file of the Principal Senior Civil Judge, Kothagudem, Bhadradri-Kothagudem District (for short ‘the Trial Court’), wherein a suit filed for recovery of money has been dismissed. I.A.No.2 of 2025 in the present appeal is preferred to condone delay of (111) days in filing of the Second Appeal.
3. The background facts leading to the filing of the suit are that there is acquaintance between the appellant/defendant and the respondent/ plaintiff and on the basis of said acquaintance, the appellant borrowed Rs.5,00,000/- on 10.07.2016 from the respondent with a promise to repay t
A sporadic money lending does not constitute a business; appropriate evidence must be presented to challenge loan authenticity.
Promissory notes require evidence to challenge validity; mere allegations are insufficient to avoid liability for repayment under a loan agreement.
The validity of a promissory note is established by the plaintiff's evidence of execution and consideration, while the defendant must prove claims of forgery or lack of consideration.
The defendant's evidence rebutting the presumption under Section 118 of the Negotiable Instrument Act and the plaintiff's obligation to maintain account books under the Tamil Nadu Money Lenders Act w....
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.
The court clarified the application of interest rates under CPC, emphasizing the need for reasonable rates based on the nature of the transaction.
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