GOVINDAMMAL Vs. BHUVANESWARI FINANCING CORPORATION

JUDGEMENT

(1.) This Appeal Suit is directed against the judgment and decree dated 29-7-1983 rendered in O. S. No. 167 of 1982 by the Court of Subordinate Judge, Dindigul.

(2.) Tracing the history of the case, it comes to be known that the respondent herein filed the suit in O.S. No. 167 of 1982 before the lower Court for recovery of a sum of Rs. 35,400/- with interest and costs on averments that the defendants /appellants are respectively the widow and daughter of one P.C. Ethirajulu Naidu; that the said Ethirajulu Naidu was engaed in business in skins at Salem and he borrowed a sum of Rs.30,000/- from the respondent /plaintiff under a pronote dated 17-9-1979 for his business purposes agreeing to repay the same with interest at 11 paise per day per hundered and since he failed to repay the said amount, the respondent /plaintiff issued a notice dated 19-5-1982 which was returned with endorsement that the "addressee died" and hence the respondent/plaintiff issued another notice on 5-8-1982 to the appellants/plaintiffs since they succfeeded to the estate of Ethirajulu Naidu but the said notices were returned as "refused" on 9-8-1982 and 12-8-1982 respectively and hence the suit for recovery of the pronote amount with interest at 6% p.a.

(3.) The second defendant filed a written statement, which was adopted by the first defendant, wherein besides generally denying the allegations of the plaint, they would submit that there was no necessity for the said Ethirajulu Naidu to borrow the said sum and the suit pronote was a fabricated one and the signatures found therein are also forged. These defendants would further submit that they were not aware that the plaintiff isued a notice on 19-5-1982 and the same was returned with an endorsement that the "addressee died" and would further submit that they did not refuse any notice as alleged by the plaintiff and no notice was not to the defendants prior to the suit. that in any event, they are entitled to the benefits of Debt Relief Acts and would pray to dismiss the suit with costs.