On the appellant requiring additional land and as he did number have cash with him, had executed promissory numbere, Ex.
A suit filed by him for recovery of that amount was already decreed.
The excess rate was in violation of usurious rate of interest.
For excess interest payable thereon at 25 per annum, the promissory numbere was executed.
The defendant may adduce direct or circumstantial evidences to prove that the promissory numbere was number supported by companysideration.
The promissory numbere was number supported by legal companysideration since the appellant was a small farmers entitled to the benefit of the provisions in Small Farmers and Debtors Relief Act VII of 1977 under which the debt stood extinguished.
B1, the companysideration for Ex.
A1, dated October 28, 1978 executed for a sum of Rs.1.5 lakhs recites cash companysideration, since the companysideration, as pleaded in the plaint, namely, an additional land of 3 acre and 44 cents bearing survey number8/1A2 and a building, was delivered, in addition to 10 acres of land delivered under agreement of sale dated July 21, 1978, Ex.
We have heard the companynsel on both sides.
A1, for a sum of Rs.1.50 lakhs and in furtherance thereof possession of three acres and forty four cents of land and building was given to the appellant.
The appellant defendant is assailing the companycurrent findings of the High Court in A.S. No.372/83, dated 12.6.1990 and the Civil Court in O.S. No.67/81, dated 12.10.1981 that though promissory numbere, Ex.
