SADASIVAN K Vs. B UNNIKRISHNAN NAIR

JUDGEMENT

(1.) This appeal is by the plaintiff in a suit for recovery of money allegedly due under a promissory note.

(2.) According to the plaintiff, the defendant issued Ext. A1 DPN on 22.11.1995, in consideration of which, an amount of Rs. 3.75 lakhs was lent by the plaintiff to the defendant. It was also pleaded that Exts. A2 and A3 title deeds of the immovable properties of the defendant were deposited with the plaintiff contemporaneous with the execution of Ext. A1. On this plea, the suit was filed on 10.11.1997, the date on which Ext. A7 postal article is returned (Unserved lawyer's notice to the defendant). The cause of action for the suit was stated as having arisen on 22.11.1995, the date of the execution of promissory note and on 22.10.1997, the date on which the lawyer's notice was sent to the defendant.

(3.) The suit was resisted denying the whole transaction. The execution of Ext. A1 was denied and it was characterized as a fabricated document. The defendant said that his uncle Madhusoodanan Nair is a person with an immoral track record and he had stolen some documents from the defendant's home and Exts. A2 and A3 were apparently handed over by him to the plaintiff. At trial, the plaintiff gave evidence as P.W.1. P.Ws. 2, 3 and 4 were examined, of whom, P.Ws. 3 and 4 are shown to be the witnesses in the promissory note which is marked as Ext. A1. The defendant gave evidence as D.W.1 and his father gave evidence as D.W. 2.