KUPPUSAMY CHETTIAR Vs. N KANNAN UDAYAR

JUDGEMENT

(1.) What is challenged in this second appeal is the judgment of the learned Subordinate Judge, Villupuram, made in A.S.No.78 of 1990, affirming the judgment and decree of the learned District Munsif, Thirukkoivilur, in O.S.No.909 of 1987, granting a decree in favour of the respondent/plaintiff.

(2.) The plaintiff sought for a money decree for a sum of Rs.8,890/- with subsequent interest, alleging that the first defendant borrowed a sum of Rs.7,000/- and executed a promissory note on 7.10.1984; that despite demand, neither the principal nor the interest was paid, and hence, the suit was filed.

(3.) Pending the suit, the first defendant died, and the second defendant was added as the legal representative of the first defendant. The suit was resisted by the second defendant inter alia stating that originally there was a sale deed executed by one Alamelu Ammal in favour of the plaintiff, that according to the plaintiff, there was a loss sustained by him; that the plaintiff was demanding that it should be made good, and under such circumstances, the first defendant executed a promissory note for Rs.4,000/- in 1973-74; that the debt under the promissory note was also paid off, and thus, the suit promissory note was only a fabricated one for the purpose of the suit, and hence, the suit claim was to be rejected.