N. SHANMUGAVELU Vs. S. GNANASUDHAKAR

JUDGEMENT

(1.) This Appeal arising out of judgment and decree passed by the trial Court in the suit filed for recovery of money based on promissory note. The 1st defendant in the suit is the Appellant herein.

(2.) The brief facts of the case is that, the 1st defendant/Shanmugavelu and his father form joint hindu family. The properties were purchased in the name of the father, who is the 2nd defendant. Due to old age of the father, the 1st defendant was appointed as Karta and he was looking after the joint family properties. To improve the joint family properties and to met out the family expenses, the defendants borrowed a sum of Rs.7,60,000/- from the plaintiff on 13.05.2000. A Promissory note was executed by the 1st defendant for the said amount. He agreed to pay interest at Rs.2 per month per Rs.100/- to the plaintiff. In spite of repeated demands, the defendants not paid the interest or principal amount. Legal notice to the defendants was issued on 20.03.2003 calling upon them to repay the amount. The defendants received the notice. The 1st defendant chosen not to reply the notice. The 2nd defendant replied on 31.03.2003 denying the borrowing and execution of pro-note.

(3.) The suit was filed for recovery of the said principal amount with interest restricting to 9%. Pending suit, the 2nd defendant died and therefore, his wife the 3rd defendant was impleaded on the premise that, the loan was borrowed for improvement of joint family properties and therefore, right to sue survives on the death of 2nd defendant.