N. VENKITESWARA IYER Vs. APPUKUTTY MOOTHAN

JUDGEMENT

(1.) THE appeal is filed by the plaintiff in O.S.175/77 of the Sub Court,Palghat.Plaintiff filed the suit on the strength of Ext.A -1 promissory note.The learned Sub Judge partly decreed the suit for a sum of Rs.5,000.Plaintiff has filed the appeal challenging the finding of the court below refusing to grant decree for the full amount.1st defendant filed Cross Objections against the very granting of the decree.

(2.) IT is the case of the plaintiff that on 23rd September 1973 the defendants borrowed Rs.5,000 from him,that on 28th June 1974 a further sum Rs.10,000 was borrowed and a promissory note was executed for Rs.15,000 and that thereafter they did not pay the amount despite repeated demands.

(3.) ON a consideration of the evidence the court below negatived the contention of the defendants that they did not execute Ext.A -1 promissory note.Counsel for the defendants could not point out any circumstance to dislodge the said finding.On going through the evidence we find that the plaintiff has proved the execution of the promissory note.