VIJAYAKUMARAN NAIR Vs. AJIKUMAR

JUDGEMENT

(1.) THE appellant is the defendant in O.S. No. 236 of 2010 on the file of the Subordinate Judge's Court, Nedumangad. The respondent plaintiff filed the said suit for realisation of money. The court below by the judgment and decree dated 29.11.2013 decreed the suit allowing the plaintiff to realise an amount of Rs. 11,36,000/ -? together with interest at the rate of 6% per annum on the principal amount of Rs. 8,00,000/ - from the date of suit till realisation. It is aggrieved by the said judgment and decree of the court below, the appellant is before us in this appeal. We heard the arguments of the learned counsel for the appellant/defendant and perused the judgment and decree of the court below. We have also perused the records of the case made available by the learned counsel for the appellant.

(2.) THE plaint averments, in brief, are as follows; The defendant had borrowed an amount of Rs. 8,00,000/ - from the plaintiff on 29.5.2008 agreeing to repay the said amount with interest @18% per annum and executed a promissory note dated 29.5.2008 in his own handwriting in favour of the plaintiff. In spite of repeated demands, the defendant did not repay the said amount. On 8.9.2010 the plaintiff caused a lawyer's notice to be issued calling upon the defendant to return the aforesaid amount. As the defendant failed to repay, the plaintiff filed the suit for realisation of an amount of Rs. 11,36,000/ - together with future interest at the rate of 18% per annum from the date of suit till the date of realisation, from the defendant and his assets, both movable and immovable.

(3.) THE plaintiff was examined as PW. 1 and Exts. A1 to A4 were marked on his side. On the side of the defendants Dws. 1 and 2 were examined and Exts. B1 to B3 were marked. On an appreciation of the facts of the case and the evidence on record, the court below decreed the suit allowing the plaintiff to realise an amount of Rs. 11,36,000/ - together with interest @ 6% per annum on the principal amount of Rs. 8,00,000/ - from the date of suit till realisation.