C. KRISHNAN Vs. K.S. MOORTHI

JUDGEMENT

(1.) THE appellant, who is the defendant in the suit filed this second appeal against the judgment and decree dated 02.04.1998 made in A.S.No.108 of 1997 on the file of SubordinateCourt, Gobichettipalayam, reversing the Judgment and Decree dated 04.07.1997 made in O.S.No.148 of 1996 on the file of District Munsif Court, Gobichettipalayam.

(2.) FOR the sake of convenience, the defendant in the original suit is referred as appellant and the plaintiff in the suit is referred as respondent hereafter.

(3.) THE appellant/defendant filed a written statement in which, it is denied the above said alleged loan of Rs.20,000/ - obtained from the respondent on 08.09.1991 and executed the pro -note. According to the respondent, in the year 1993 the appellant borrowed a loan of Rs.2100/ - from respondent and at that time, the respondent and his father namely K.C.Senniappa Gounder obtained blank pronotes with signature of the appellant. The respondent never demanded payment nor alleged in the plaint for demand and hence, the suit is pre -matured and unsustainable. It is also averred in the written statement that the respondent requested the appellant's father to give a property nearby the respondent's property for constructing a modern rice mill building. But, the request was refused by the appellant's father. Due to the above said enmity instigated one Murugesan to abduct the appellant's minor daughter namely Sundereshwari. Therefore, the appellant has given a complaint before Police on 07.08.1993 and registered a criminal case in Crime No.344 of 1993. In view of the above said criminal case, there was enmity between the appellant and the respondent's family. Further, the appellant and his father namely Chinnappan obtained a loan of Rs.10,000/ - from respondent's father Senniappa Gounder and executed a promissory note. Since notice was issued to the appellant, the appellant has paid Rs.11,800/ - including interest of Rs.1800/ -. The respondent's father filed a suit in O.S.No.191 of 1994 against the appellant and his father and it is pending. The appellant has deposited Rs.2100/ - with interest of Rs.399/ - before Court on 09.10.1994. Further, the respondent and his father liable to deposit the three deeds before Court. Therefore, prayed for dismissal of the suit with compensatory costs.