AR. MOHAMMED JALALUDEEN Vs. V.S. DHAKSHINAMOORTHY

JUDGEMENT

(1.) THE defendants in O.S.No.48 of 2007, who have succeeded before the trial Court/II Additional Subordinate Judge, Tiruchirappalli since became unsuccessful in the First Appeal in A.S.No.47 of 2009 before the Principal District Court, Tiruchirappalli are before us as appellants.

(2.) THE respondent instituted the suit in O.S.No.48 of 2007 for recovery of Rs.2,00,000/ - plus interest totally Rs.2,17,000/ - on the allegations that on 15.06.2013, he advanced Rs.1,50,000/ - under a promissory note to the defendants, who are spouses, for interest and as they have not paid the accrued interest and the amounts were calculated and it was arrived at Rs.2,00,000/ - and a fresh promissory note for the same was executed on 05.05.2006. However thereafter, inspite of notice neither they have paid the interest nor the principal. Thus, the institution of the suit.

(3.) THE appellants/defendants have filed written statement resisting the suit, contending that they have not borrowed Rs.1,50,000/ - as pleaded in the plaint. They have not executed any promissory note. Plaintiff filled a blank promissory note and made it suit promissory note.