NATARAJAN Vs. MARAPPA GOUNDER

JUDGEMENT

(1.) THE suit was filed by Marappa Gounder, the respondent herein on two promissory notes for a sum of Rs. 6,000/- and Rs. 20. 000/- respectively. The suit was decreed in favour of the plaintiff. Hence, this First Appeal by natarajan, the defendant.

(2.) THE case of the respondent/plaintiff is as follows : the appellant/defendant borrowed a sum of Rs. 6. 000/- from the respondent/plaintiff and executed Ex. A-1 promissory note in favour of the plaintiff on 29-1-1979. Again on 1-3-1979, the defendant borrowed another sum of Rs. 20,000/- from the plaintiff and executed Ex. A-2 promissory note in favour of the plaintiff. Repeated demands were made by the plaintiff for repayment. Since the defendant did not choose to pay the amount due under the abovesaid promissory notes, the suit has been filed by the plaintiff claiming the said amounts on the basis of the two promissory notes with interest.

(3.) THE suit was contested by the defendant, the appellant herein with the following contentions : it is true that the defendant received Rs. 6,000/- and executed Ex. A-1 promissory note. The defendant has subsequently paid the entire amount of Rs. 6,000/- to the plaintiff. In spite of several demands, though the plaintiff promised to return the suit promissory note, he has not done so. He never received Rs. 20,000/- nor he executed any promissory note. Ex. A-2 promissory note is a rank forgery, fabricated by the plaintiff for the purpose of harassing the defendant. So, the claim for the amounts on the basis of the two promissory notes would fail and consequently, the suit has to be dismissed.