R RAKSHADOSS Vs. ANJALI; J PRAVINKUMAR; J JAYASUNDARI

JUDGEMENT

(1.) The second appeal has been preferred challenging the Judgment and Decree, dated 24.08.2007 made in A.S.No.134 of 2007 on the file of the VII Additional Judge, City Civil Court, Chennai, allowing the appeal preferred by the respondents, whereby the Judgment and Decree, dated 21.09.2005 made in O.S.No.1846 of 2001 on the file of the III Assistant Judge, City Civil Court, Chennai is reversed.

(2.) It is seen that the aforesaid suit in O.S.No.1846 of 2001 was filed by the respondents herein as legal heirs of one Jayaraman against the appellant / defendant, seeking a money decree for a sum of Rs.52,734/- to be paid together with subsequent interest and costs, based on a promissory note, dated 24.09.1998 executed for a sum of Rs.33,000/- by the appellant / defendant in favour of late Jayaraman.

(3.) It is an admitted fact that on 24.09.1998, Late. Jayaraman executed a sale deed, Ex.A.1 in favour of the appellant. On the said date, the appellant herein also executed the suit promissory note, Ex.B.1 for the said sum of Rs.33,000/- towards the balance of sale consideration. The respondents, who are the legal heirs of the said Jayaraman subsequently filed the suit, seeking money decree, however, the suit was dismissed by the trial court. Aggrieved by which, the first appeal in A.S.No.134 of 2007 was filed by the respondents. The appellate court partly allowed the appeal and decreed the suit against the appellant for a sum of Rs.18,000/-, based on the admission made by the appellant herein.