KRISHNA REDDIAR Vs. RAGHAVA GOUNDER

JUDGEMENT

(1.) THE second appeal has been filed by one Krishna Reddiar being the plaintiff in O. S. No. 777 of 1988 on the file of the District Munsif Court, Tirukovilur against the judgment and decree passed by the Sub Court, Villupuram in A. S. No. 61 of 1992 in and by which the judgment and decree passed by the Trial Court has been modified to Rs. 2529/= with subsequent interest and proportionate cost.

(2.) THE said suit in O. S. No. 777 of 1988 was filed by the plaintiff Krishna Reddiar against the defendant Raghava Gounder for recovery of Rs. 15,000/= on 29. 11. 1985. The said suit was resisted by the defendant with the allegations that it is true that the defendant executed the suit pro note but not for cash consideration of Rs. 15,000/= and that on the other hand, the suit pro note came into existence under compulsion in connection with the amount payable by the defendant to the plaintiff being the value of arrack bottles in the arrack shop of the plaintiff and after setting right the transaction, the remaining amount is Rs. 2529/= and that the defendant is liable to pay only the said amount of Rs. 2529/= and not Rs. 15,000/= as cash consideration under the suit pro note as claimed in the plaint and that the suit is liable to be dismissed.

(3.) AFTER trial, with the evidence of the plaintiff as PW1 and Ex. A1 being the suit pro note, Ex. A2 being the notice issued by the plaintiff's advocate to the defendant and Ex. A3 being reply notice given by the defendant's advocate to the plaintiff's advocate, the defendant as DW1 and one Kaliyamurthy as DW2 and Ex. B1 being account note book said to have been maintained by the defendant at the arrack shop of the plaintiff, District Munsif came to the conclusion that the defendant is liable to pay the suit amount, as such, claimed in the plaint and consequently decreed the suit.