ANANDAN Vs. GAJENDRAN

JUDGEMENT

(1.) The second appeal is preferred by the defendant, who suffers decree in a suit filed for recovery of money based on pro-note.

(2.) The respondent herein has filed a suit in O.S.No.1745 of 2004 before the Principal District Munsif Court, Vellore for recovery of money based on the pronote dated 15.12.2001 alleged to have been executed by the appellant herein. According to the plaintiff/respondent, the appellant/defendant herein borrowed Rs.40,000/- and promised to repay it with 24% interest. However, inspite of issuing legal notice dated 23.07.2004, the defendant did not repay the money. Hence, suit for recovery of Rs.66,425/- being the principal amount Rs.40,000/- and interst Rs.26,425/- at the rate of 24% p.a.

(3.) The suit was defended by the appellant herein stating that he did not borrow any money from the plaintiff on 15.12.2001 or anyother date. No notice was issued to him demanding the pro-note money. He is an agriculturist cultivating jasmine plants and other flower plants. The plaintiff is having a flower Commission Mandy in Vellore market. The defendant is supplying flowers to the plaintiff. In the course of transaction, the plaintiff used to advance money, which will be deducted from the flower supplied. It is a running account maintained between the plaintiff and the defendant. The plaintiff obtained signed blank stamp paper as a security. When the defendant stopped supplying flowers to the plaintiff, disgruntled the suit is filed utilising the blank signed paper.