K. SELVARAJ Vs. K. TAMILSELVAN

JUDGEMENT

(1.) The appellant is the defendant in the suit. The suit was for recovery of money based on pronote dated 10/08/2008 for a sum of Rs.9,50,000/-. The Trial Court decreed the suit directing the defendant to pay the suit amount Rs.12,47,983/- with subsequent interest at the rate of 9% per annum for the principle amount Rs.9,50,000/- from the date of decree.

(2.) The case of the plaintiff is that, the defendant borowed Rs.9,50,000/- to meet out his urgent business and family expenses and promised to repay it on demand with 12% interest per annuam. Also, he executed a pronote Ex.A-1 in the presence of witnesses. In spite of several demand, the defendant failed to repay the promised amount.

(3.) The defendant denied the suit claim stating that the said pronote was actually signed and given to one Ramasamy during the period 1991-1998 as security for the loan, he availed from Ramasamy for his lorry transport business. He cleared the loan of Rs.30,000/- in the year 1998. When he asked Ramasamy to return the signed blank pronote, he said that it is misplaced and got mixed up with his other documents. He promised to return it as soon as he able to trace it. On trust, he left the blank pronote with Ramasamy. The father of the plaintiff and Ramasamy were working together as Teachers in the Government School at Manickampalayam. The said Ramasamy has given the original pronote to the plaintiff's father. The plaintiff is his neighbouring land owner. From him, he never borrowed money and after he joined service as School Teacher, he had no necessity to borrow money from anyone. Further, the plaintiff has no means to lend such a huge money as loan. He himself in the matrimonial proceedings initiated against him by his wife had admitted that he has no means to pay her and he himself depending on his father for his survival. So, surprised on receiving the suit summon from the Court, he met the plaintiff and enquired him, why he has filed suit against him, when he never borrowed any money from him. The plaintiff admitted that he got the blank pronote from Ramasamy and had filed this suit, since he want to wreck vengeance against him for unnecessarily interfering in his family dispute with his wife.