R GANAPATHY MUNAIYATHIRIYAR Vs. DHANUKKODI

JUDGEMENT

(1.) THE unsuccessful defendant in O.S.No.79 of 2006 before the Sub -Court, Pattukkottai and in A.S.No.14 of 2009 before the Principal District Court, Thanjavur has directed this Second Appeal.

(2.) THE plaintiff laid up the suit in O.S.No.79 of 2006 as against the defendant pleading that on 24.01.2004, the defendant had borrowed Rs.1 lakh from him undertaking to repay it with prescribed interest. He had executed Ex.A.1 -promisory note. However, as agreed, he has not paid the amount. Thus Ex.A.2 -suit notice has been issued. It was acknowledged by him under Ex.A -3, even then, no amount was paid. Thus the suit.

(3.) THE suit has been resisted by the defendant by filing a written statement. In its paragraph Nos.2 and 3, the defendant plead that actually his son -in -law -Thiyagarajan (D.W.2) borrowed Rs.50,000/ - from the plaintiff. He was paid only Rs.40,000/ -. He discharged it. The balance was Rs.10,000/ -. In this regard, dispute arose between Thiyagarajan and plaintiff. Plaintiff forcibly took Thiyagarajan and his wife Chitra, daughter of the defendant. During December, 2003, in an unfilled stamp paper of Rs.20/ - value, plaintiff obtained the signature of defendant and also his land document. He has also obtained signature of Thiyagarajan in similar unfilled stamp paper.