PUNITHAVATHI MANIAM Vs. M.V. ARULJOTHI

JUDGEMENT

(1.) The defendants in O.S.No.62 of 2012 are in appeal, aggrieved by the judgment dtd. 19/3/2018 passed by the learned Principal District Judge at Vellore.

(2.) The suit in O.S.No.62 of 2012 had been filed by the plaintiff, M.V.Aruljothi, seeking a judgment and decree, directing the defendants, Punithavathi Maniam and her two daughters and son, Sudha, Bharathi and Raghul to pay an aggregate sum of Rs.13,79,133.00 (Rupees Thirteen Lakhs Seventy Nine Thousand One Hundred and Thirty Three only) on the basis of two promissory notes said to have been executed by the late husband of the first defendant / father of the defendants 2 to 4, N.Balasubramaniam, who died before the institution of the suit, but who is said to have been executed the promissory notes and also for the accrued interest on the amount due and payable and for costs of the suit. In the suit, it had been stated that the late husband of the first defendant / father of the defendants 2 to 4, N.Balasubramaniam had borrowed a sum of Rs.10,00,000.00 (Rupees Ten Lakhs only) from the plaintiff on 3/11/2009 and had agreed to repay the same with interest at the rate of 12% per annum and had also borrowed a further sum of Rs.10,00,000.00 (Rupees Ten Lakhs only) on 5/11/2009, again agreeing to repay the same with interest at the rate of 12% per annum and with respect to both the borrowals, had executed two separate promissory notes in favour of the plaintiff on the very same dates, namely on 3/11/2009 and on 5/11/2009.

(3.) There had also been further endorsements in the promissory notes and those endorsements continued till 7/5/2012. It had been stated further in the plaint that for the amount due on the second promissory note dtd. 5/11/2009, N.Balasubramaniam had made a part payment of Rs.7,00,000.00(Rupees Seven Lakhs only) on 15/2/2010. He had also paid interest at the rate of 12% per annum on both the promissory notes till November 2011. Towards the interest, which had accrued upto April 2012 namely from November 2011 till April 2012, for a period of 5 months, which amounted to Rs.65,000.00, the said N.Balasubramaniam had issued a cheque bearing No.653442, drawn on ICICI Bank Limited at Vellore for Rs.50,000.00 on 7/5/2012. A copy of the cheque was also filed along with the plaint. There was an endorsement made in the promissory note till the last payment of the interest and in that endorsement, the number of the cheque was mentioned. It is claimed that the cheque related to the second promissory note dtd. 5/11/2009. It had been stated that subsequent to November 2011, the interest had not been paid. Further, with respect to the first promissory note dtd. 3/11/2009, it had been stated that N.Balasubramaniam evaded payment of any further amount. He unfortunately died on 28/7/2012. It had been claimed that as legal representatives, the defendants are liable for the suit claim.