R GURUMOORTHY Vs. R A BALASUBRAMANIAM

JUDGEMENT

(1.) The unsuccessful defendant in both the Courts below has preferred the present Second Appeal No. 861 of 1989. The aggrieved plaintiff has preferred the Second Appeal No. 682 of 1993 relating to the claim of interest.

(2.) The case in brief for disposal of both appeals are as follows :

(3.) The defendant contended that each cheque forms a separate transaction and the claim made by the plaintiff in respect of all the cheques is barred by limitation. The defendant earned interest on some amount at Rs. 57- per month for Rs. 1007- and gave a sum of Rs. 8,750/- on various occasions to the plaintiffs wife and another sum of Rs. 18,0007-, for the purchase of a house at Dindigul. The defendant is liable to pay a sum Rs. 6,2507- to the plaintiff and hence plaintiff obtained a promissory note from the defendant for the inflated amount of Rs. 12,5007- on 1.9.1983. The cheque dated 29.7.1981 was encashed by the defendant and later he went to Singapore. The claim is also barred by limitation. There is no agreement to pay any interest.