A. BHASKARA GOWDA Vs. MR. SIMON LUIS RODRIGUES

JUDGEMENT

(1.) THIS appeal by the defendant in O.S. No. 117/2003 on the file of Civil Judge (Sr. Dn.), Puttur, Dakshina Kannada is directed against the concurrent judgments of the Courts below decreeing the suit of the respondent/plaintiff for recovery of sum of Rs. 69,850/ -.

(2.) THE respondent/plaintiff filed the suit against the appellant/defendant for recovery of Rs. 69,850/ - with future interest at 18% per annum from the date of the suit till the date of realisation inter alia, contending that the defendant for valuable consideration received executed a promissory note for a sum of Rs. 45,000/ - on 8.12.2000 in favour of the plaintiff agreeing to repay the said amount of Rs. 45,000/ - on demand together with interest and also acknowledged receipt of the consideration, and in spite of the repeated requests, demands and issue of notices, the defendant failed to pay the amount due under the promissory note. The appellant/defendant upon service of suit summons appeared before the trial Court and contested the claim denying the plaint averments and inter alia contending that he had borrowed a sum of Rs. 10,000/ - from the plaintiff and at that time the plaintiff had obtained his signature on a revenue stamp affixed on a blank white sheet and also obtained the signature of his brother as a 'witness and that at the time of repayment of the said sum of Rs. 10,000/ - the plaintiff demanded exorbitant interest and since he did not acceded to the said demand, the plaintiff by fabricating the document has made a false claim. According to him he has not borrowed a sum of Rs. 45,000/ - from plaintiff as contended.

(3.) IN . support of his case, the plaintiff examined himself as P.W. 1 and also examined one of the attesting witnesses as P.W. 2. On the other hand the defendant examined himself as D.W. 1, his brother as D.W. 2 and two more witnesses as D.Ws. 3 and 4.