G P JAGADEESH KUMAR Vs. GOPAL

JUDGEMENT

(1.) The present appellant was the plaintiff in the Court of Civil Judge (Sr.Dn.), Doddaballapur, (hence forth for brevity referred to as the 'trial Court' for short), in O.S.No.94/2006. He had instituted a suit against the present respondents arraying them as defendants seeking the relief of recovery of a sum of Rs.72,090/- from them with interest thereupon.

(2.) For the sake of convenience, the parties would be referred to as per their ranks before the trial Court.

(3.) The summary of the case of the plaintiff before the trial Court was that one G.Ramesh, son of defendant Nos.1 and 2, had borrowed from him a loan of Rs.60,000/- in two installments at Rs.25,000/- on 9.7.2005 and remaining sum of Rs.35,000/- on 18.7.2005, agreeing to repay the same within a period of three months with interest at 2% p.m. He has also executed an agreement in that regard (Ex.P-1) and handed over a Post Office Recurring Deposit (RD) Book (Ex.P-3) stating in the agreement that in case he commits default in repayment of the loan amount, the plaintiff/loaner would be entitled to recover the said amount from the RD account which is said to have a balance of Rs.84,000/- on the said date. Within a short span, after the loan transaction i.e., on 1.8.2005, the said G.Ramesh committed suicide. Therefore, the plaintiff approached the defendants, who were the parents of deceased G.Ramesh, for the recovery of the money. When they did not pay the amount, he caused a legal notice issued to them on 2006, for which also, he did not get any positive response. Thus, the plaintiff instituted a suit against the defendants, who are the parents of the deceased G.Ramesh, for recovery of money with interest thereupon.