J.SUNDARI AMMAL Vs. R.VELLAICHAMY

JUDGEMENT

(1.) The concurrent Judgments and decrees passed in O.S.No.215 of 2008 by the Subordinate Court, Tuticorin and in A.S.No.4 of 2014, by the Principal District Court, Tuticorin, are being challenged in the present Second Appeal.

(2.) The respondent/plaintiff has instituted a suit in O.S.No.215 of 2008, on the file of the trial Court for recovery of money directing the defendant to pay a sum of Rs.1,35,833.00 along with future interest on Rs.1,00,000.00 from the date of plaint till the date of realisation from the asset (L) Jeyachandran, wherein, the present appellant has been shown as defendant.

(3.) The case of the plaintiff is that the defendant's husband B.Jeyachandran, son of Balaiya Nadar, had borrowed a sum of Rs.1,00,000.00 on 21/12/2005 from the plaintiff for his family expenses and executed a promissory note on the same day in favour of the plaintiff promising to repay the said sum with interest at the rate of 12% per annum. Inspite of many demands made by the plaintiff, the defendant's husband did not pay either the principle amount nor the interest. In the meantime, the defendant's husband-B.Jeyachandran died in the year 2006, leaving behind him the defendant as his only legal heir to succeed the movable and immovable properties of B.Jeyachandran. The defendant, as a legal heir, was enjoying the properties of her husband and as such, the defendant is liable to discharge the debts of her husband. Hence, the plaintiff demanded the payment of the loan from the defendant, immediately, after the death of her husband. Since the defendant was not intended to pay any amount, the plaintiff filed the suit.