LAWS(KER)-1986-4-5

RAMACHANDRAN Vs. VELAYUDHAN

Decided On April 01, 1986
RAMACHANDRAN Appellant
V/S
VELAYUDHAN Respondents

JUDGEMENT

(1.) The appeal is filed by the plaintiff in O.S. 89/75 of the Sub Court, Tellicherry. Plaintiff filed the suit for realisation of money on the ground that 1st defendant took a loan of Rs. 10,000/- for his business purposes. In the plaint it is stated that two cheques were issued by the plaintiff to the 1st defendant on 24-4-72 and 29-4-72 for Rs. 8,000/- and Rs. 2,000/- respectively drawn on the Indian Bank, Tellicherry, that cheques were encashed by the 1st defendant and that despite repeated demands he did not repay the amount. Ist defendant contended that the cheques were issued by the plaintiff in repayment of the loans advanced by him in December 1971 for the purchase of a bus and that the plaintiff's claim in the plaint is totally unfounded. The learned Sub Judge dismissed the suit.

(2.) 1st defendant had filed O.S. 109/75 against the plaintiff (appellant) for realisation of amount due to him. That suit was also dismissed by the Sub Judge. 1st defendant has not filed any appeal against that decision.

(3.) In the written statement, 1st defendant's contention is that by giving him the cheques plaintiff was repaying the amount due to him. The question that has to be decided is as to whether the cheques issued by the plaintiff to the 1st defendant evidence a loan transaction as alleged by the plaintiff or repayment of an earlier loan as alleged by the 1st defendant.