RAJAMMA Vs. GOPALA GOWDA

JUDGEMENT

(1.) The defendants in O.S.No.153/2013 have preferred this second appeal assailing judgment and decree passed in R.A.No.59/2015 by the Senior Civil Judge and CJM at Chamarajnagar dated 16.11.2016 by which, the judgment and decree passed in O.S.No.153/2013 by the Civil Judge and JMFC at Yalandur dated 6.4.2015 has been confirmed.

(2.) For the sake of convenience, the parties shall be referred to, in terms of their status before the trial court.

(3.) The respondent filed a suit seeking recovery of Rs.41,000/- along with interest at 18% per annum from the date of the suit till realization. According to the plaintiff, Lingaiah - husband of defendant No.1 and father of defendant Nos.2 to 4 had borrowed a sum of Rs.40,000/- from the plaintiff in the month of June 2013 agreeing to repay the same within two months time. On lapse of the said time, plaintiff demanded Lingaiah to discharge the said debt. At that stage, Lingaiah issued Ex.P.1- Cheque bearing No.612394 drawn on State Bank of Mysore, Santhemarahalli Branch dated 5.8.2013 for a sum of Rs.40,000/- in favour of the plaintiff. The plaintiff has averred that he came to know of the fact that said Lingaiah died on 11.9.2013 and thereafter, he approached the defendants and requested them to clear the said debt by showing the cheque. But the defendants did not care to settle the debt or repay the loan. The defendants being the legal representatives of deceased Lingaiah have inherited all his assets and hence they are bound to clear the debt of Lingaiah. The plaintiff has further averred that he presented the cheque through his Bank at State Bank of Mysore, Kollegala Branch on 25.10.2013 but the said cheque was dishonoured on 30.10.2013 for the reason "insufficient funds" in the account of Lingaiah. The plaintiff's Bank returned the cheque with an endorsement on 30.10.201 Plaintiff thereafter, got issued a legal notice through his counsel to the defendants on 111.2013 calling upon them to repay the loan amount. The defendants received the said notice but did not reply to the same. Contending that the defendants are liable to pay the cheque amount of Rs.40,000/- along with charges of legal notice at Rs.1,000/-, totalling to Rs.41,000/-, plaintiff filed the suit.