V RAMASAMY NAIDU Vs. S P DAMODARAN

JUDGEMENT

(1.) THE plaintiff in O.S.No.1062 of 1992 on the file of the learned Subordinate Judge, Coimatore is the appellant. THE respondent is the defendant.

(2.) THE suit was filed for recovery of a sum of Rs.1,43,500/ with subsequent interest at the rate of 18% p.a. for a sum of Rs.1,00,000/- THE suit was decreed in part directing the defendant to pay a sum of Rs.1,01,000/- and interest at the rate of 18 % p.a. from the date of filing of the suit for Rs.1,00,000/- together with 6% interest from the date of decree till date of realization of the amount. Aggrieved over the same, the defendant preferred an appeal in A.S.No.227 of 2000 before the II Additional District Judge, Coimbatore. THE lower appellate Court allowed the appeal and set aside the decree and judgment of the trial Court and dismissed the suit. As against the same, the plaintiff is before this Court with this appeal.

(3.) BASED on the above pleadings, the trial Court framed appropriate issues.On the side of the plaintiff two witnesses were examined and as many as thirteen documents were exhibited. On the side of the defendant two witnesses were examined and as many as five documents were exhibited.