S.Y. ANANDKUMAR Vs. DHANASHREE AND ORS.

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 29.3.2011, passed by the lower appellate Court in R.A. No. 101/2008.

(2.) For the purpose of convenience the status of the parties is referred to as per their status before the trial Court.

(3.) The facts in brief are that the plaintiff, working as an Assistant Administrative Officer in LIC of India, Belgaum, filed the suit against the defendants for recovery of a sum of Rs. 2,80,000/ - with interest thereon, setting up his claim that one Kallappa Jadhav who is the husband of defendant No. 1 and father of defendants 2 and 3 had borrowed hand loan of Rs. 2,80,000/ - from the plaintiff on 18.6.2004 and had executed a promissory note and receipt along with defendant No. 1 on the same day. Further the said Kallappa Jadhav had issued a cheque for a sum of Rs. 2,80,000/ - on 17.1.2005 drawn on Corporation Bank, Belgaum for a sum of Rs. 2,80,000/ - and the said cheque came to be dishonoured and criminal proceedings were initiated under Sec. 138 of the Negotiable Instruments Act against Kallappa. But unfortunately during the pendency of the proceedings the said Kallappa expired. The legal heirs of said Kallappa i.e., the defendant No. 1 had approached the plaintiff and assured him that the loan amount borrowed shall be repaid but failed to keep their promise and accordingly demanding the said repayment of hand loan the suit was instituted by the plaintiff.