THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO APPEAL SUIT NO.1162 OF 2018

JUDGMENT:

The appeal is filed under Section 96 of Civil Procedure Code, assailing the judgment and decree in O.S.No.14 of 2016 dated 20.04.2018 passed by VI Additional District Judge at Siddipet. Appellant is the defendant and the respondent is the plaintiff in the said suit.

2. Respondent-plaintiff has filed suit for recovery of an amount of Rs.15,40,000/- under Section 26 Order VII Rule 1 read with under Order XXXIV Rule 2 and 4 of Civil Procedure Code.

3. It is stated in the plaint that appellant-defendant for his personal necessitates borrowed an amount of Rs.10,00,000/- from the respondent-plaintiff on 29.10.2012 by executing registered mortgage deed bearing document No.6513 of 2012 in respect of land in Sy.No.752/AA to an extent of Ac.2-03 guntas, which is the plaint schedule property agreeing to repay the same within one (01) year. Appellant-defendant has executed a separate document on 03.11.2012 agreeing to pay the mortgage amount @ 18% per annum. The respondent-plaintiff has got issued a legal notice on 25.11.2014 to the appellant-defendant demanding payment of the principal amount of Rs.10,00,000/- with int