SARALA Vs. T.C.NARENDRA

JUDGEMENT

(1.) The present appellant as a plaintiff, had instituted a suit against the present respondent in the Court of learned I Addl.Civil Judge (Sr.Dn.,), Davanagere, (hereinafter for brevity referred to as Rs.trial Court'), in O.S.No.262/2004, for recovery of a sum of Rs.1,42,000/- with future interest and for Court costs.

(2.) The summary of the case of the plaintiff in the trial Court is that herself and defendant are known to each other since ten years and there was friendly relationship developed between them. On 1.1.2003, the defendant had borrowed a loan of Rs.1 lakh for domestic purpose from her and had agreed to repay the same with interest at the rate of 2% per month. The plaintiff paid the said amount to the defendant in the presence of witnesses. On the same day, the defendant had executed an on-demand Promissory Note in favour of the plaintiff. Though the defendant had agreed to repay the said loan amount within six months, however, he committed default by not repaying the loan amount. This made the plaintiff to issue a legal notice dated 24.8.2004 to the defendant calling upon him to repay the loan amount with interest. The defendant gave an evasive reply, but, did not comply the demand made in the notice. This constrained the plaintiff to institute the suit for recovery of the amount due, which according to the plaintiff, was a sum of Rs.1,42,000/-, including the principle amount and the interest.

(3.) In response to the summons, the defendant appeared and filed his written statement, wherein, he had denied the plaint averments, more particularly, the alleged loan transaction said to have been existing between the plaintiff and himself. He specifically stated that he did not avail any loan from the plaintiff. As such, he being in due of repayment of the loan amount with interest does not arise.