( 1 ) INTRODUCTORY Facts : this appeal is filed by the unsuccessful defendant in O. S. No. 18 of 1994 on the file of the Senior Civil Judge, Nalgonda. ( 2 ) RESPONDENT-PLAINTIFF filed the above suit for recovery of an amount of rs. 2,10,350. 07 ps. with future interest at the rate of 14. 5% per annum till the date of realization. The same was resisted by way of filing written statement and after settlement of issues recorded the evidence of PWs. 1 to 5 and DW. 1 and on appreciation of documentary evidence exs. A1 to A16 and Ex. B1, the learned Senior civil Judge, Nalgonda, ultimately decreed the suit for Rs. 1,60,073/- with future interest at 6% per annum from the date of decree till the date of realization along with costs. ( 3 ) IN view of the fact that the pending interest has been negatived, respondent-plaintiff filed cross-objections questioning the same. Pleadings of the Parties : ( 4 ) RESPONDENT-PLAINTIFF filed the suit for recovery of amount as already referred to supra. It was pleaded in Paragraphs 3 to 10 of the plaint as hereunder : 3. That the plaintiff and defendant are the residents of Chityal Village and Mandalam, nalgonda District. The plaintiff and defendant agreed to start a business by purchasing a Bore Well drilling Machine and to do Borewell drilling business under the name and style of M/s. Bharathi Bore Wells, chityala with effect from 10-3-1986. The plaintiff and defendant have purchased rig and Compressor by obtaining loan of rs. 3,50,000/- (Rupees Three Lakhs Fifty thousand only) on 10-2-1986 from Canara bank, Chityala Branch by depositing title deeds. It was agreed by both the plaintiff and defendant that they will invest the amount equally and profits and losses and repayments of the loans are to be shared equally. The plaintiff and defendant have got executed a partnership deed which was registered as No. 2127 of Registrar of Firms dated 24-3-1986. 4. That the plaintiff and defendant have started the business and there was an understanding between the plaintiff and defendant that the Rig Machine should run by the son of the defendant as he was unemployed. The son of the defendant should do the business and collect the amount from the persons who got drilled with the Rig Machine and account for the same. The son of the defendant should do the business and collect the amount from the persons who got drilled with the Rig Machine and account for the same. ( 5 ) THAT the Canara Bank, Chityala Branch advanced the loan with repayment schedule that a sum of Rs. 50,000/- (Rupees Fifty thousand only) is to be paid immediately after availing the loan and the remaining amount has to be paid in the monthly instalment of Rs. 5,900/- (Rupees Five thousand Nine Hundred only ). But the said repayment schedule was not followed by the defendant even though the plaintiff was ready to pay his part of contribution and paid the amounts. The Bank Authorities also demanded many times for the repayment but the defendant did not choose to repay the same. ( 6 ) THAT the son of the defendant did not show any interest in running the Rig machine and as such losses occurred due to the non performance of the machine. The interest in the Bank was increasing day by day but the defendant did not show any interest in paying the said loan amount due to the Bank even after repeated demands made by the Bank Authorities. As the Rig Machine was not doing any business, it was kept idle in the premises of ramakrishna Theatre, Chityal belonging to the plaintiff. ( 7 ) THAT the Bank Authorities demanded, compelled and threatened the plaintiff for the repayment of the entire due amounts as the plaintiff is a business man by profession and he enjoys some respect and status in the society. The plaintiff demanded the defendant for the payment of the loan amounts of his share and also got issued a legal notice on 25-7-1988 through Sri T. Nagarjuna, Advocate, Nalgonda for the payment of the loan amount and for the settlement of the account. Subsequently the plaintiff and defendant have approached the elders and in the presence of the elders they have executed an agreement on 25-10-1988, that the persons who opts for the Rig machine has to clear off the loan due to the canara Bank and it was also agreed that there is no account for the settlement of the accounts. Accordingly the defendant agreed to take for the Rig Machine for rs. Accordingly the defendant agreed to take for the Rig Machine for rs. 1,71,000/- (Rupees one lakh seventy one thousand only) payable to the plaintiff and he and the plaintiff have signed the said agreement in the presence of the elders. But in variance of the said agreement also the defendant did not take rig machine and did not pay the amount to the plaintiff as agreed. ( 8 ) THAT the Bank Authorities frequently demanded the plaintiff for the payment of the loan amount and the plaintiff paid an amount to the tune of Rs,1,55,437. 50 paise (Rupees One lakh Fifty Five Thousand Four hundred Thirty Seven and paise Fifty only) in cash to the Bank on various occasions as mentioned below :