G SIVAPRAKASAM Vs. G.DHANDAPANI

JUDGEMENT

(1.) The plaintiff in O.S.No.201 of 1998, on the file of the Principal Sub - Court, Kumbakonam is the appellant.

(2.) The suit was instituted on Ex.A.1 Promissory Note, whereunder on 15.06.1998 defendant /respondent is stated to have received Rs.1,00,000/- from the plaintiff promising to repay it with 24% interest p.a. It was attested to by one Sivasankaran and Anbalagan. Since the amount was not paid, on 09.10.1998 plaintiff issued Ex.A.2 (= Ex.B.1) notice to the defendant. It was acknowledged by him under Ex.A.3. However, neither he paid the amount nor replied him. Hence, the suit was filed.

(3.) The claim was resisted by the defendant filing a written statement, wherein he had stated that he did not know who the plaintiff is, he has no necessity to borrow Rs.1,00,000/- from him executing a promissory note. Defendant knows one Gurumurthy of Innambur Village in Kumbakonam Taluk, borrowed amounts on different dates from him, totalling Rs.1,90,000/-, paid him Rs.1,74,750/- through Anbalagan, Lab Technician and Sivasankaran, an employee of Thanjavur Co-op. Marketing Federation, only a small amount was due, after several years, Gurumurthy demanded the balance, defendant had sold his house and settled the loan amount. Defendant also guaranteed the loan of one Raja, but he had absconded. In the circumstances, defendant had executed 3 or 4 promissory notes and Gurumurthy promised him not to take any action on those promissory notes. However, using one of them plaintiff had filed this suit. After the receipt of his lawyer notice, when defendant contacted Gurumurthy, he promised him no further action. So, he is not liable to pay any amount to the plaintiff.