LAWS(KER)-1984-11-35

V.K. VELAPPU Vs. M.J. VARU

Decided On November 09, 1984
V.K. Velappu Appellant
V/S
M.J. Varu Respondents

JUDGEMENT

(1.) PLAINTIFF 's suit for recovery of the amount due under exhibit A -3, promissory note, dated September 27, 1971, with incidental reliefs, having been decreed as prayed for, the defeated defendant has come up in appeal.

(2.) THE substance of the plaint allegations is that the appellant -defendant had borrowed from the plaintiff a sum of Rs. 15,000 for his contract work, executing in his own hand exhibit A -3, promissory note, promising to pay the amount with 6% interest thereon on demand ; a payment of Rs. 1,000 made on September 20, 1974, was endorsed on the promissory note by the defendant in his own hand ; no other payment was received towards the promissory amount; to the suit notice dated April 7, 1975, a true copy of which is exhibit A -2, the defendant had sent exhibit A -1 reply dated April 22, 1975, denying his liability, and putting forward false contentions; hence the suit became necessary.

(3.) ON the pleadings, the trial court framed six issues, the most relevant of them for the purpose of this appeal being additional issues Nos. 5 and 6 which read as follows :