T G BALAGURU Vs. RAMACHANDRAN PILLAI

JUDGEMENT

(1.) This Second Appeal arises out of concurrent findings of Courts below decreeing Plaintiff's suit for recovery of amount of Rs.1,17,900/- with subsequent interest based on promissory note. Unsuccessful Defendant is the Appellant.

(2.) Case of Plaintiff is that Appellant-Defendant borrowed a sum of Rs.50,000/- from one Thiyagarajan and executed Ex.A1 promissory note [19.06.1997] and the said promissory note was endorsed infavour of Plaintiff for consideration. Further case of Plaintiff is that Defendant paid Rs.100/- on 15.6.2000 and the said payment was endorsed in the suit promissory note. After issuing pre-suit notice, Plaintiff filed the suit for recovery of suit claim of Rs.1,17,900/- along with subsequent interest and cots.

(3.) Resisting the suit, Defendant filed written statement denying execution of any promissory note. Defendant raised plea that he never knew Thiyagarajan and that Thiyagarajan connived with one Murugesan Pillai and filed the suit. Defendant also pleaded that any amount more than Rs.20,000/- ought to have been paid by way of cheque and therefore, the suit is not maintainable.