S. RAVIKUMAR Vs. G. DEEPA

JUDGEMENT

(1.) This appeal suit is directed against the Judgment and Decree of the Learned I Additional District Judge at Salem, dtd. 25/08/2015 in O.S. No. 202 of 2014, thereby dismissing the suit filed by the Appellant/Plaintiff for recovery of a sum of Rs.10,75,000.00 with further interests and costs.

(2.) The case of the plaintiff is that the first defendant is the wife of one Ganesan. The second defendant is his son. The said Ganesan had on 19/07/2013 borrowed a sum of Rs.9,00,000.00 for his family's needs and executed the suit promissory note agreeing to repay the said sum with interest at the rate of Rs.1.50, per Rs.100.00 per month. The said Ganesan did not repay the principal or interest but passed away on 20/11/2013. After his demise, he was demanding the defendants have to repay the loan but they were evasive and hence legal notice was issued on 18/08/2014 and thereafter, the present suit is filed.

(3.) The case of the defendants is that the suit promissory note is a forged and fabricated one. The signature and left thumb impression found in the suit promissory note are not that of Ganesan. The plaintiff does not have any permanent job and is indulging in criminal cases and vexatious litigations by forging and fabricating documents. The attestor and scribe are his close associates. The said Ganesan died of heart attack and there was no necessity for him to borrow such a huge amount. The plaintiff approached the first defendant to sell her husband's ancestral property at a throw-away price and when she refused, the present suit is filed.