K K ANNAMALAI Vs. RAKKIANNAN

JUDGEMENT

(1.) The Appellant/Defendant has filed the present Second Appeal as against the Judgment and Decree dated 16.09.1998 in A.S.No.19 of 1998 passed by the Learned Sub Judge, Gobichettipalayam in confirming the Judgement and Decree dated 24.12.1997 in O.S.No.29 of 1997 passed by the Learned District Munsif Court, Gobichettipalayam.

(2.) The First Appellate Court, the Learned Sub Judge, Gobichettipalayam, while delivering the Judgment in A.S.No.19 of 1998, on 16.09.1998, has among other things observed that "though there are wide contradictions in regard to the evidence of P.Ws.1 and 2, it cannot be construed as they change the character of the suit" and also opined that Ex.A1-Pronote dated 09.02.1994 has been proved based on the oral and documentary evidence and accordingly dismissed the appeal with costs. Earlier in the main suit, the trial Court has framed one to three issues for determination. On behalf of the Respondent/Plaintiff, witnesses P.Ws.1 and 2 have been examined and Exs.A1 and A2 have been marked. On the side of the Appellant/Defendant, D.W.1 has been examined and Exs.B1 and B2 have been marked.

(3.) The trial Court, after scrutinising the oral and documentary evidence available on record has come to a consequent conclusion that though it is true that in the evidence of P.W.1, there is a contradiction, yet there is truth in the evidence of P.W.1 and therefore, importance need not be given to the contradiction and resultantly held that Ex.A1-Pronote dated 09.02.1994 is true and has not been a created one and decreed the suit as prayed for by the Respondent/Plaintiff with costs.