KUMARASAMY MUDALIAR Vs. KUTTIAPPA MUDALIAR

JUDGEMENT

(1.) THE defendant in O.S.No 315 of 1991 on the file of District Munsif Court, Polur has, preferred the second appeal aggrieved against the decree and Judgment, of the Court of Subordinate Judge, Arni in A.S.No.72 of 1994 dated 24.9.1998 reversing the decree and, judgment of the trial court dated 26.2.1992.

(2.) THE case in brief is as follows:

(3.) LEARNED counsel for the appellant / defendant contended that the plaintiff alone borrowed a sum of Rs.5000 from him and only for returning the said amount, the cheque in question was issued in his favour and he had collected the amount through bank. There was no necessity for the defendant to borrow any money since he was affluent and there was no agreement to pay any interest also. The plaintiff filed a criminal case and for which, summons was sent to the defendant to give evidence as per Ex.Bl and as the defendant has not preferred to give, false evidence, the present suit has been filed only to harass him. The defendant is not liable to pay any amount and as such, the suit has to be dismissed.