PERUMAL Vs. DHANALAKSHMI AMMAL

JUDGEMENT

(1.) This Appeal is filed by the defendant against the concurrent finding of the Courts below in a money suit on the pro-note alleged to have been executed by the defendant in favour of the plaintiff.

(2.) The short facts of the case is that, the suit was laid for recovery of Rs.68,000/- being the principal amount of Rs.50,000/- and interest Rs.18,000/- @ 12% p.a. According to the plaintiff, on 19.09.2000, the defendant borrowed a sum of Rs.50,000/- from her and executed a pro-note, promising to repay the same on demand with interest @ 12%. The defendant failed to repay the loan amount. Hence, notice dated 29.08.2003 by registered post was caused to the defendant. The defendant received the same and replied on 06.09.2003 denying the liability and execution of the pro-note.

(3.) In the plaint, it is averred that the defendant kidnapped the plaintiff's son and extracted ransom and obtained signatures in the blank papers from her husband. He had fabricated false documents and proceeded against the plaintiff's husband. Filed money suit in O.S.No.262 of 2001 against her husband, based on one such fabricated document. Since the plaintiff's husband died on 17.11.2002, she is taking efforts to pursue the suit.