MUNIVENKATAPPA Vs. N GURURAJ

JUDGEMENT

(1.) This is the plaintiff's Regular Second Appeal against the Judgment and Decree dated 8th October 2010 made in R.A. No. 42/2010 on the file of Fast Track Court at KGF dismissing the appeal and confirming the Judgment and Decree of the Trial Court dated 6th February 2010 made in O.S. No. 76/2006 on the file of the Additional Civil Judge (Sr. Dvn.), KGF dismissing the suit for recovery of money.

(2.) The appellant has filed O.S. No. 76/2006 against the defendant for recovery of money contending that defendant had borrowed a sum of Rs.40,000/- from him on 29.09.2004 agreeing to repay the same with interest @ 2% per month and executed an On Demand Promissory Note in favour of the plaintiff on 29.09.2004 promising to repay the same on demand. The defendant has also executed a consideration receipt in favour of him on the same day.

(3.) The defendant has filed written statement denying the plaint averments and contended that he has not at all aware of the plaintiff since he is a permanent resident of Hiriyur Village in Bhadravathi Taluk, Shimoga District and he has not at all received any amount as alleged by the plaintiff on 29.09.2004. He further contended that on 09.04.2005 he has published a contents in the news paper i.e. Vijay Karnataka to the general public that Bhadravathi Taluk, Kagadha Nagar, M.P.M.C.M. 9VP Employee bearing EC No. 39542 N. Gururaj states that whoever possessed either his relatives, friends it may be blank cheque or filled cheque or promissory note they may come and resolve their problems if not, he is not responsible, etc., and he has sought for dismissal of the suit.