AVALAPPA Vs. PALANISWAMY DIED

JUDGEMENT

(1.) PLAINTIFF in O.S. 452 of 19 on the file of Sub Court, Hosur is the appellant.

(2.) MATERIAL facts of the case could be summarised thus: Under Ex.A1 dated 25.10.1993, defendant borrowed an amount of Rs. 30,000/-from one Rukmaniammal agreeing to return the same with interest at 12% per annum. According to plaintiff, promissory note was assigned to him for valid consideration on 22.5.19%, evidenced by ExA2. Within a few days thereafter, plaintiff issued Ex.A3 registered notice dated 28.6.19%, for which defendant sent reply under ExA4 denying his liability and also took a contention that he has discharged the liability to Rukmaniammal on 15.9.1995 itself and therefore the assignment is invalid. Suit was therefore laid for recovery of amount due under promissory note with interest.

(3.) IT is against the said decree and judgment of lower Appellate Court, plaintiff preferred this Second Appeal.