NEHRU Vs. DEVARAJ

JUDGEMENT

(1.) The plaintiff in the original suit O.S.No.31/2003 on the file of the learned Additional District Munsif, Tindivanam is the petitioner in the present revision. The defendant in the said suit is the respondent herein.

(2.) The revision petitioner/plaintiff filed the suit against the respondent herein/defendant for recovery of a sum of Rs.9,460/- (Rs.5,500/- towards principal and Rs.3,960/- towards interest) based on a Pro-note allegedly executed by the respondent herein on 01.01.2000. The suit was resisted by the respondent herein contending that no such loan transaction took place on 01.01.2000; that on the other hand, he had borrowed a sum of Rs.10,000/- on 14.07.1997; that the total amount payable on the said transaction was worked out by the parties on 07.01.2000 at Rs.17,500/-, out of which a sum of Rs.13,500/- was paid on the same day leaving a balance of Rs.4,000/- and that the signatures obtained from the respondent in unfilled forms had been used for creating the suit promissory note as if the respondent borrowed a sum of Rs.5,500/- on 01.01.2000. However, the respondent herein, in his written statement, admitted that out of a sum of Rs.4,000/-, which was due from the respondent, a sum of Rs.1,800/- was adjusted towards payment of LIC premium for the policies taken by the revision petitioner/plaintiff and a further sum of Rs.500/- was paid on the instructions of the revision petitioner/plaintiff to his father and that after such adjustments, a sum of Rs.1,700/- alone remained due from the respondent herein/defendant.

(3.) The learned trial judge, after trial, decreed the suit as prayed for holding that the transaction that allegedly took place on 14.07.1997 as per the averments made by the respondent herein/defendant in his written statement was not substantiated and that the revision petitioner herein/plaintiff was able to prove the suit transaction of borrowing Rs.5,500/- by the respondent herein/defendant and execution of the suit promissory note on 1.1.2000. Accordingly, the learned trial judge granted a decree dated 29.11.2004 directing the respondent herein to pay a sum of Rs.9,460/- together with an interest on the principal amount, namely Rs.5,500/- at the rate of 12% per annum from the date of filing of the suit till the date of decree and a post decree interest at the rate of 6% per annum and also cost.