R SUBBIAH Vs. GURUVAMMAL

JUDGEMENT

(1.) THE plaintiffs, who were successful before the trial Court, namely the Court of the District Munsif, Kovilpatti in O.S.No.59 of 2007 have come forward with the present Second Appeal, since the decree passed by the trial Court in favour of the appellants was reversed by the lower appellate Court by the impugned judgment and decree of the lower appellate Court, namely the Court of the Subordinate Judge, Kovilpatti dated 24.02.2010, made in A.S.No.39 of 2009.

(2.) THE arguments advanced by Mr.D.Nallathambi, learned counsel for the appellants were heard. THE judgments of the Courts below and other documents produced in the form of typed set of papers along with the memorandum of Second Appeal were also perused.

(3.) IT is the further contention of the appellants/plaintiffs that for a sum of Rs.15,000/- borrowed from the respondent/defendant in 1996, interest was paid every month regularly up to 22.10.2006 at the rate of 9% p.a.; that on 23.10.2006 at the time of making payment of the interest for the last month, the appellants/plaintiffs requested the respondent/defendant to reconvey the property after getting the principal amount as the loan was intended to be repaid in 10 years; that the respondent/defendant agreed for the same but wanted a few weeks time to execute the reconveyance deed and that subsequently at the instigation of the enemies of the appellants/ plaintiffs, the respondent/defendant refused to honour his commitments and issued a notice under Ex.10, calling upon the plaintiffs to vacate and deliver vacant possession of the suit property, for which a reply was sent under Ex.A.20, the service of which is evidenced by Ex.A.21.