S. REMAKUMARI Vs. SANKARA PILLAI

JUDGEMENT

(1.) Decree for money on Ext.A1 pronote allegedly executed by deceased Radhakrishnan is challenged in this appeal by his legal representatives who are defendants 1 to 3 in O.S.No.259 of 2002 before the Sub Court, Mavelikkara. The lower court limited the liability only to the extent of assets of the deceased inherited by them. Being aggrieved by the decree and judgment, the defendants 1 to 3 have come up in appeal.

(2.) Plaintiff is a retired School Teacher residing in Kuzhivelil Kaleeckal Veedu in Thamarakkulam Village. Sri.Radhakrishnan was the Manager of an aided school VHSS, Kuzhikkalidavaka. The first defendant is his wife who is the Principal of John.F.Kennedy Higher Secondary School. Defendants 2 and 3 are the children of these spouses. Sri.Radhakrishnan was suffering from some ailments and was undergoing treatment.

(3.) Plaintiff's case is that Sri.Radhakrishnan and wife received from him a loan of Rs.3 lakhs on 27.9.2001 for meeting treatment expenses. On 9.1.2002 also, spouses came and received Rs.1 lakh from plaintiff for same purpose. On 9.1.2002 Sri.Radhakrishnan executed a pronote in the name of plaintiff attested by PW3 and scribed by PW4 on Ext.A1. The executant agreed to return the money as and when demanded by the plaintiff.