MANGAYARKARASI Vs. NATARAJAN

JUDGEMENT

(1.) The Appellant/Defendant has filed this instant Second Appeal as against the Judgment and Decree dated 10.10.2006 in A.S.No.171 of 2004 passed by the Learned Principal Sub Judge, Trichirappalli in confirming the Judgment and Decree of the Learned District Munsif, Turaiyur dated 29.07.2004 in O.S.No.198 of 2002.

(2.) The First Appellate Court viz., the Learned Principal Sub Judge, Trichirappalli, while passing the Judgment in A.S.No.171 of 2004 on 10.10.2006, has, among other things, observed that 'the plea that Ex.A.1-Cheque has been given in an unfilled form is not acceptable and further Ex.A.1-Cheque is a complete one, which is a negotiable instruments'. Further, it opined that no receipts or other documents have been filed to establish that the Appellant/Defendant has paid a principal sum of Rs.10,000/- together with interest to the Respondent/ Plaintiff etc. and consequently, held that the Appellant/ Defendant has received a sum of Rs.30,000/- from the Respondent/ Plaintiff through Ex.A.1-Cheque, for which no interest or principal amount has been paid by the Appellant/Defendant and passed a decree by directing the Appellant/Defendant to pay the suit amount to the Respondent/Plaintiff and dismissed the Appeal with costs.

(3.) Being dissatisfied with the Judgment and Decree dated 10.10.2006 in A.S.No.171 of 2006 passed by the First Appellate Court viz., the Learned Principal Sub Judge, Trichirappalli, the Appellant/ Defendant has preferred this Second Appeal before this Court as an aggrieved person.