DURAIRAJ Vs. KOYILMANI

JUDGEMENT

(1.) THE defendant, who has lost before the Courts below has filed the above Second Appeal.

(2.) THE respondent herein had filed a suit for recovery of money for a sum of Rs.40,000/ - based on a promissory note.

(3.) THE defendant contested the suit inter alia on the ground that the suit promissory note was never executed by him and that he never received any sum from the plaintiff. The defendant had stated that his wife one Tamilarasi had a sister by name Soundari. The said Soundari is a widow and after her husband's death, she has been living with the plaintiff. The said Soundari wanted financial help from the defendant's wife for the purpose of the marriage of her second daughter and requested the defendant to go to her residence. Accordingly, with the good intention to help them at the time of crisis, the defendant went to the said Soundari's house. At that time, the plaintiff was hiding in the house, suddenly appeared before the plaintiff with the sickle, threatened him and obtained signatures in the white papers and blank printed bonds. Using the said signed papers, the defendant and Soundari were threatening and black mailing the defendant. Therefore, the defendant issued a notice to them which was refused by the plaintiff but received by Soundari.