S P VALLIAMMAL ACHI Vs. ABDUL KHADER JALINI

JUDGEMENT

(1.) PLAINTIFF in O.S.No.45 of 1981 on the file of the Principal District Munsif, Madurai, is the appellant in the second appeal.

(2.) THE plaintiff filed the suit for recovery of money due on a promissory note. Her case was was follows: THE defendant/ respondent borrowed Rs.2,000 on 3.2.1972 from her and executed a promissory note in her favour agreeing to repay the amount with interest at 12% per annum, on demand. He paid Rs.50 on 7.1.1975 and another Rs.50 on 6.1.1978 towards interest, thereby acknowledging his liability. In spite of repeated demands, he did not repay the amount and the suit was, therefore, filed.

(3.) THE learned counsel for the appellant submitted that even conceding without admitting that the second endorsement was not genuine, still, having regard to the specific case of the defendant/ respondent in the written statement that on a particular date settlement was reached between the parties and it was agreed that the balance was Rs.1,200, that the respondent would repay that amount at the rate of Rs.20 per month, that he had paid Rs.40 on 5.12.1977 and Rs.40 on 16.3.1978, and Rs.20 on 25.4.1978, then for the balance of the amount accepted by the respondent to be due, namely, Rs.1,100 the appellant would be entitled to a decree.