S. RUSSALAYYAN Vs. V. CHELLASWAMY

JUDGEMENT

(1.) THE defendant in O.S.Nos.172 of 2002 and 73 of 2004 on the file of the Sub Court, Padmanabhapuram, as against whom money decrees have been passed, which have been subsequently upheld by the First Appellate Court/District Judge, Kanyakumari at Nagercoil, in A.S.Nos.62 of 2005 and 73 of 2005 is the appellant.

(2.) THESE two Second Appeals have been directed as against the said common judgment.

(3.) THE appellant/defendant and the plaintiff are known persons. Admittedly, as between both, there were some loan transactions. The plaintiff instituted the suit in O.S.No. 73 of 2004 for the recovery of Rs.75,000/ - with interest based on Ex.A.7 endorsement dated 22.01.2001. The very same plaintiff instituted another suit in O.S.No.172 of 2002 against the very same defendant for the recovery of Rs.1 lakhs with reference to two dishonored cheques Ex.A1 and A2 issued by the defendant.