RAVICHANDRAN Vs. S.CHANDRA

JUDGEMENT

(1.) The plaintiff in O.S.No.19 of 2003 on the file of the Sub Court, Pudukottai, is the appellant in this second appeal.

(2.) The said suit was filed for recovering a sum of Rs.1,23,000.00 from the defendant. The suit was filed on the strength of Ex.A.1 promissory note dtd. 22/7/1999. The case of the plaintiff is that on 22/7/1999, the defendant availed a loan of Rs.70,000.00 from the plaintiff and executed Ex.A.1 promissory note. The defendant agreed to repay the loan amount with interest at the rate of 24% p.a. but committed default. However, on 5/1/2001 the defendant paid a sum of Rs.5,000.00 as interest. The endorsement in this regard was made on the reverse side of Ex.A.1 promissory note. The plaintiff issued Ex.A.2 notice dtd. 14/3/2001 calling upon the defendant to clear the loan liability. Though the defendant received the said legal notice, the demand set out therein was not complied with. Therefore, the plaintiff was left with no other option but to institute O.S.No.19 of 2003 on 31/1/2003 before the Sub Court, Pudukottai. The plaintiff examined himself as P.W.I and one G.Kumar was examined as P.W.2 and Ex.A.1 to Ex.A.4 were marked. The defendant examined herself as D.W.I and marked Ex.B.1 dtd. 13/3/2001. The trial Court decreed the suit on 14/7/2006 as prayed for and directed the defendant to pay the plaintiff a sum of Rs.1,23,000.00 with interest at the rate of 6% on the principal amount of Rs.70,000.00.

(3.) Aggrieved by the same, the defendant filed A.S. No.2 of 2008 before the Principal District Court, Pudukottai. By Judgment and Decree dtd. 27/1/2009, the decision of the trial Court was reversed and the appeal was allowed. The suit came to be dismissed. Challenging the same, the plaintiff filed this second appeal.