LAWS(KER)-2012-7-758

KRISHNANANDAN KRISHNALAYAM VEEDU (KUMARAMANGALAM) AZHEEKAL. P.O. AZHEEKAL VILLAGE, KARUNGAPPALY TALUK Vs. SATHIMANI D/O. KAMALAKSHY, RESIDING AT PUTHUPARAMBIL VEEDU AZHEEKAL.P.O., AZHEEKAL VILALAGE KARUNAGAPALLY TALUK, KOLLAM

Decided On July 19, 2012
Krishnanandan Krishnalayam Veedu (Kumaramangalam) Azheekal. P.O. Azheekal Village, Karungappaly Taluk Appellant
V/S
Sathimani D/O. Kamalakshy, Residing At Puthuparambil Veedu Azheekal.P.O., Azheekal Vilalage Karunagapally Taluk, Kollam Respondents

JUDGEMENT

(1.) HEARD . Admit. The following substantial questions of law are framed for a decision:

(2.) THIS Second Appeal arises from the concurrent finding entered by the courts below as to the (alleged) execution of Ext. A1, demand promissory note dated 25.12.2004.

(3.) APPELLANT denied the transaction and execution of Ext. A1. He claimed that Ext. A1 is a forged document. Himself and husband of the respondent had money transaction and on 10.06.2005, husband of the respondent borrowed Rs. 50,000/ - from him. Husband of the respondent was paying interest to the appellant. On 14.12.2005 husband of the respondent passed away. Appellant asked the respondent to repay the amount. In that situation respondent fabricated a document like Ext. A1 and filed the suit.