LAWS(MAD)-2023-11-127

SUBHASHINI Vs. B. VENUGOPAL

Decided On November 07, 2023
SUBHASHINI Appellant
V/S
B. Venugopal Respondents

JUDGEMENT

(1.) This Civil Suit has been filed seeking for a relief of recovery of a sum of Rs.2,50,00,000.00 along with an Interest at the rate of 12% per annum from the date of the Suit till the date of the Decree and thereafter, at the same rate till the date of its realisation.

(2.) The Plaint in brief:

(3.) The brief facts of the Written Statement filed by the Defendants: The Plaintiff is not entitled to get any relief as prayed for. There is absolutely no material to support the claim of the Plaintiff and she has not stated how the sum of Rs.2,50,00,000.00 was arrived at. As per the statutory Guidelines, any sum paid for a value above Rs.20,000.00 can only be made through bank transaction. Hence, the Plaintiff has to establish that the alleged borrowing was done through bank transactions. The Defendants are liable to answer the borrowings alleged to have been effected by Sheela Venugopal only to the extent that they derived the benefit of her estate. Sheela Venugopal was entitled to half share of the property at No.34, Sriram Colony, Alwarpet, Chennai-600 018, and she had no other assets. The Defendants are liable only to the extent of half share belonging to her.