RAJAMANIAMMAL Vs. VARADHARAJAN

JUDGEMENT

(1.) The Appellant/First Defendant has filed the instant Second Appeal as against the Judgment and Decree dated 2/1/2004 in A.S.No.68 of 2003 passed by the Learned Principal District Judge, Virudhunagar, in affirming the Judgment and Decree dated 15/2/2002 in O.S.No.6 of 2001 passed by the learned Sub Judge, Sivakasi.

(2.) The First Appellate Court viz., the Learned Principal District Judge, Virudhunagar, while passing the Judgment in A.S.No.68 of 2003 on 2/1/2004 has among other things observed that the Defendant has admitted the receipt of loan amount of Rs.50,000/- and also Ex.A.1 Pronote and further, on behalf of the Defendant, it is not established that the aforesaid loan amount has been repaid and as such the aforesaid loan amount of Rs.50,000/- and the agreed rate of interest till the date of filing of the suit are entitled to be claimed by the Respondent/Plaintiff from the Appellant/First Defendant. Further, the First Appellate Court has also opined that the conclusion arrived at by the trial Court to the effect that the Respondent/Plaintiff is entitled to get 6% subsequent interest from the date of filing of the suit till the date of realisation of the amount is a correct one and resultantly, dismissed the appeal with costs.

(3.) Before the trial Court, in the main suit, 1 to 6 issues have been framed for determination. On behalf of the Respondent/Plaintiff, witness P.W.1 has been examined and Exs.A.1 to A.6 have been marked. On behalf of the Defendants, no one has been examined as a witness and Exs.B.1 and B.2 have been marked.