NAGANATHAN Vs. N.SENTHILVELAN

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree in A.S.No.25 of 2008 dated 03.06.2009 on the file of the Additional District and Sessions Judge, Fast Track Court, Ramanathapuram, confirming the judgment and decree in O.S.No.26 of 2007 dated 31.03.2008 on the file of the Sub Judge, Ramanathapuram.

(2.) The appellant is the defendant and the respondent is plaintiff. For convenience, the parties are referred to as per their rank in the suit.

(3.) The case of the plaintiff is that one Vasudevan borrowed a loan of Rs.50,000/- from him on 28.01.2005 on executing Ex.A1-pro note and also borrowed another loan of Rs.50,000/- from the plaintiff on 22.02.2005 on executing Ex.A2-pro note. The debtor Vasudevan and the defendant Naganathan are brothers and they lived with their parents in a Hindu joint family. While so, their father Kuppusamy Konar died on 28.04.2003 and their mother pre-deceased their father. After their father's death, both Vasudevan and the defendant jointly enjoyed the undivided joint family property. While so, Vasudevan died on 08.07.2005 and he did not pay the loan of Rs.1,00,000/- borrowed from the plaintiff with interest. According to the plaintiff, the defendant inherited the property of Vasudevan after his death and therefore, he is liable to pay the loan amount borrowed by Vasudevan with interest. Therefore, the plaintiff issued Ex.A3-advocate notice to the defendant and even after the receipt of the same, the defendant did not turn up to pay the loan borrowed by his brother Vasudevan. Hence, the plaintiff filed O.S.No.26 of 2007 before the Sub Court, Ramanathapuram, for recovery of the loan amount with interest.