LAWS(MAD)-2001-3-98

V SUNDARAM Vs. P S CHOCKALINGA CHETTIAR

Decided On March 09, 2001
V.SUNDARAM Appellant
V/S
P.S.CHOCKALINGA CHETTIAR Respondents

JUDGEMENT

(1.) THE present appeal has been preferred by the defendant in O.S.No.44 of 1984 on the file of the Subordinate Judge of Cuddalore being aggrieved by the judgment and decree dated 23.6.1986 made in O.S.No.44 of 1984 on the file of the said Court.

(2.) HEARD Mr.C.Munusamy learned counsel appearing for Mr.M.Swamikannu for the appellant and Mrs.Hemasampath learned counsel appearing for the respondents.

(3.) THE defendant further pleaded that he and his brother's were threatened not to leave the room unless they sign the promissory note. THE defendant was subjected to horrible state of affairs, threat, coercion and intimidation and the defendant had no option but to sign the promissory note. It was represented by the plaintiff that the suit promissory note would be returned after execution of the sale deed in his favour by the defendant and his brother on 6.1.1984. Accordingly, the defendant and his brother was taken on a taxi to Villupuram and there they were compelled to execute the deeds of conveyance in favour of the plaintiff's wife and not a pie was paid for the suit promissory note towards and the sale deeds.