M. AMALA XAVIER Vs. A. PERIYANAYAGAM

JUDGEMENT

(1.) The unsuccessful defendant is the appellant in this second appeal. The plaintiff/Periyanayakam filed O.S.No.442 of 2003 on the file of the Sub Court, Karur for recovering a sum of Rs. 1,29,850.00 with interest from the appellant herein.

(2.) The case of the plaintiff is that on 5/11/2000, the defendant borrowed a sum of Rs.97,000.00 from her and executed the suit pro-note Ex.A.1. Since even after repeated demands, the amount was not repaid, the suit came to be laid.

(3.) The case of the defendant was that the son of the plaintiff Thiru.Amalraj and the defendant were known to each other for quite a few years and that there were financial transactions between them. A complaint was given by the husband of the plaintiff before the Economic Offences Wing, Sivagangai and a compromise was also arrived at in the police station. The defendant would state that certain amounts were paid. Thereafter, one more complaint was given before the Economic Offences Wing, Madurai. The defendant was made to pay a sum of Rs.60,000.00 to the son of the plaintiff who also issued receipt dated 4/11/2000 in full quit. After receiving the sum of Rs.60,000.00, in order to close the case against the defendant, the plaintiffs son Amalraj as well as the plaintiffs husband Antony gave two separate letters addressed to the Inspector of Police, Economic Offences Wing, Sivagangai. The promissory note dated 5/11/2000 was coercively obtained from the defendant in the name of the plaintiff for a sum of Rs.97,000.00. According to the defendant, there was no passing of consideration in respect of the suit pro-note. He denied that there was also any borrowal on 5/11/2000.