VIJAYALAKSHMI Vs. P.KANDASWAMY

JUDGEMENT

(1.) The unsuccessful defendant in a suit for recovery of money based on promissory note is the appellant. The respondent herein filed a suit for recovery of money. The suit was decreed by the Trial Court and the findings of the Trial Court were affirmed by the First Appellate Court. Aggrieved by the concurrent findings of the First Appellate Court, the appellant is before this Court.

(2.) According to the respondent/plaintiff, the appellant herein borrowed a sum of Rs.1,50,000.00 from the respondent for family expenses on 2/1/2005 and executed a suit promissory note agreeing to pay interest at the rate of 18% per annum. Inspite of several demands by the respondent, appellant failed to repay the same and hence, the suit was laid for recovery of money based on the said promissory note.

(3.) The appellant/defendant filed written statement denying very execution of the promissory note and borrowal of amount by her. The averment of the respondent as if, he demanded the money back was also denied in the written statement. It was further averred by the appellant that her father A.Muthusamy executed a Settlement Deed in respect of a small house in her favour. The brother of the appellant requested the appellant to transfer the said house in his name and the same was refused by the appellant. Therefore, the said Ramachandiran developed ill will against appellant and instigated his close associate the respondent to file a suit with concocted forgery document. On these pleadings, she sought for dismissal of the suit.