VIJAYA RAMAKRISHNAN Vs. M S ASWATH NARAYANA SHETTY

JUDGEMENT

(1.) BEING aggrieved, the Appellant/Second Defendant has filed this Appeal as against the Judgment and decree dated 29.11.2005 in O.S. No.703 of 2004 on the file of the learned Additional District and Sessions Judge (Fast Track Court No.II), Coimbatore.

(2.) THE First Respondent/Plaintiff has filed the Suit seeking the relief of directing the Second Respondent/First Defendant and the Appellant/Second Defendant to pay him jointly and severally a sum of Rs. 12,00,000/- along with interest at 24% per annum and in default of such payment to pass a Decree for the sale of the Mortgage property, etc.

(3.) IN regard to Issue Nos. 1 and 2, the Trial Court has observed that Ex.A1 Loan Agreement dated 05.06.1997 and Ex.A4-Appellant/Second Defendant-s Affidavit dated 09.06.1997 came into existence and on that day itself, a sum of Rs. 12,00,000/- through cheque of Vijaya Bank, Bangalore was given as seen from Exs.A1 and A2 and as spoken to by P.W.2 in his evidence and further loan availed by the Second Respondent/First Defendant, the Appellant/Second Defendant had mortgaged a property as confirmed by Exs.A3 and A4 dated 05.06.1997 and 09.06.1997 viz., the Appellant/Second Defendant-s Surety Agreement and the Affidavit, etc.