MURUGANANTHAM Vs. P.NAGARAJ

JUDGEMENT

(1.) This Appeal Suit has been preferred challenging the judgment of the learned Principal District Judge, Dindigul, made in O.S. No. 50 of 2016, dtd. 25/9/2018.

(2.) The defendants are the appellants. The plaintiff has filed the suit for recovery of money, based on two promissory notes.

(3.) The case of the plaintiff is that the defendants are the son and daughter of the deceased Tiruppathi. The said deceased Tirupathi, in order to meet out his agricultural expenses like purchasing a Tractor and to clear sundry debts, had obtained a loan of Rs.10,00,000.00 from the plaintiff on 17/2/2014 and Rs.7,00,000.00 on 1/5/2014, by executing two promissory notes; the said Tiruppathi agreed to repay the same with interest at the rate of Re. 1 per 100 per month; as agreed, he has not paid any amount either towards principal or towards interest, till his death; he died subsequently, leaving behind the defendants as his legal heirs; after the death of the said Tiruppathi, the defendants have been enjoying the movable and immovable properties of the deceased and hence, they are liable to settle the debts of their father deceased Tiruppathi; legal notice was issued to the defendants on 1/4/2016, calling upon them to settle the debt; but notices were returned; hence, the plaintiff has filed the suit for recovery of money from the estate of the deceased Tiruppathi, in the hands of the defendants.