MAHALINGAM Vs. MAYALAGU

JUDGEMENT

(1.) THE defendant, who succeeded in the Trial Court, namely, District Munsif, Devakottai, in O.S.No.121 of 2005, and who lost in the 1st Appellate Court, namely, Sub Court, Devakottai, in A.S.No.4 of 2009 is before us.

(2.) THE respondent/plaintiff claimed Rs.71,775/ - towards principal and interest based on Ex.A1, promissory note, dated 13.04.2003. Inspite of receipt of suit notice, dated 25.08.2005, since no amount was paid, the suit has been instituted by the appellant/defendant.

(3.) THE suit has been resisted by the appellant/defendant contending that he has been employed in the respondent's finance firm, since no salary was paid, when he demanded, he was paid Rs.10,000/ - as against a blank promissory note during 2000, subsequently, he repaid Rs.5,000/ - to Mr.Srinivasan, partner of the said finance firm, under a receipt and subsequently he had paid the remaining Rs.5,000/ - and discharged. However, the respondent filled up the blank promissory note and made it suit promissory note, thus, he is not liable to pay any amount to him.