GEORGE Vs. KOSHY

JUDGEMENT

(1.) This appeal is preferred by the defendant in O. S. No. 211 of 1984 on the file of the 1st Additional Sub Court, Trivandrum. Respondent is the plaintiff. Appellant and respondent are brothers. The suit was filed by the plaintiff for recovery of Rs. 75,000/- with interest thereon at 12% from 29.7.1980. The case of the plaintiff is as follows:

(2.) Defendant borrowed on different occasions from the plaintiff an amount of Rs. 75,000/- agreeing to repay the same with interest. All the amounts were sent by the plaintiff to the defendant through Bank drafts and which were drawn by the defendant through Bank of Cochin, Trivandrum. The defendant also executed a loan letter styled as receipt on 29.7.1980. The defendant undertook that the loan amount will be repaid by him within one year from 29.7.1980 with 12% interest. The plaintiff is permanently working in South America. When the plaintiff came on short leave, he requested the defendant to repay the amount due to him with interest loan on several occasions. But the defendant has not cared to repay the amount with interest to the plaintiff. Before filing the suit, a notice was sent by the plaintiff through his Advocate on 12.7.1984. The defendant accepted the notice. But he has not complied with the demands and hence, the suit is filed.

(3.) Defendant has filed a written statement. In the written statement, the case taken is that the suit is barred by limitation. Further, it is stated that the document relied on by the plaintiff is only with regard to past transaction. No consideration was passed on the date of the document. The plaintiff is not entitled to get any interest. There was no demand and the statement that notice had been sent to the defendant and that he had acknowledged the same is also denied.