V RAMKUMAR Vs. E MANICKAVELU

JUDGEMENT

(1.) THE respondent herein/plaintiff has filed the suit in OS.No.5728/1998 to pass a judgement and decree against the appellant herein/defendant to recover a sum of Rs.70,000/- from the estate of the father of the defendant viz. deceased A.Vaidyalinga Nadar and for costs.

(2.) THE case of the Plaintiff as set out in the plaint is as follows:-

(3.) ON consideration of the oral as well as the documentary evidence, the Trial Court decreed the suit for recovery of the suit claim from the defendant with costs and directed the defendant to pay the suit claim to the plaintiff. In the appeal filed as against the same by the defendant, the lower appellate court modified the judgement and decree of the trial court in part and granted a decree to the effect that the plaintiff is entitled to a decree for the suit claim from the estate of his father. As against the same, this Second Appeal has been filed by the defendant.