THANGRAJU PADAIYATCHI Vs. SUNDARARAJAN

JUDGEMENT

(1.) THE Appellants/Defendants have filed the present Second Appeal as against the Judgment and Decree dated 11.02.2000 in A.S.No.47 of 1984 passed by the Learned Subordinate Judge, Virudhachalam, in confirming the Judgment and Decree dated 19.10.1983 in O.S.No.1255 of 1982 passed by the Learned District Munsif, Virudhachalam.

(2.) THE First Appellate Court viz., the Learned Subordinate Judge, Virudhachalam, while passing the Judgment in A.S.No.47 of 1984, dated 11.02.2000, has inter alia observed that 'the plea that suit Promissory Note has been created in a forgery manner, is not accepted and in fact, the suit Promissory Note is supported by consideration and resultantly, affirmed the Judgment and Decree passed by the trial Court in the main suit by dismissing the Appeal with costs.

(3.) THE trial Court, after contest on anappreciation of entire oral and documentary evidence available on record, has come to a clear conclusion that the loan taken under Ex.A.1 Promissory Note, dated 01.10.1979, is a family loan and that the Appellants 1 and 2/ Defendants have not established that a Partition has taken place in the joint family and accordingly, based on the assumption that the family is joint and only for a joint family necessity, the loan has been taken and as such, decreed the suit as prayed for with costs.