ALAGU Vs. BHAGAVATHYAMMAL

JUDGEMENT

(1.) This Second Appeal is dire cted against the concurrent Judgments and decrees, passed in O.S. No. 70 of 2005 by the learned Additional Subordinate Judge, Dindigul and in A.S. No. 21 of 2014, passed by the learned Principal District Judge, Dindigul.

(2.) For the sake of convenience, the parties are referred to herein, as per their own ranking as before the Trial Court.

(3.) The case of the plaintiff, as per the averments made in the plaint, in short, is as follows : The defendants borrowed a sum of Rs.2,00,000.00 (Rupees Two Lakh only) from the plaintiff and agreed to pay the same with the interest at the rate of 1% per month and executed a pronote in favour of the plaintiff with a promise to repay the same to the plaintiff on his demand. The defendants failed to pay either the principal or the interest, despite repeated requests and demands made by the plaintiff. Therefore, the plaintiff had issued notice to the defendants on 16/2/2005 calling upon them to pay the same and the same was received by the defendants on 19/2/2005 and the defendants sent their reply on 28/2/2005 with false allegations. Hence the suit.