D KANDAN Vs. LAKSHMI

JUDGEMENT

(1.) AGGRIEVED by the judgment and decree dated 6.8.1993 passed in A.S.No.41 of 1988 on the file of the Subordinate Court, Sankari reversing the judgment and decree dated 25.2.1988 made in O.S.No.240 of 1983 on the file of the District Munsif Court, Mettur, the plaintiff has come forward with this second appeal.

(2.) The case of the plaintiff, in-brief, is as follows: (a) The husband of the first defendant, namely, Muthusamy, received a sum of Rs.5, 000 from the plaintiff by executing a pro-note in favour of him and also agreed to pay interest at the rate of 12% p.a. After the receipt of the said amount, the husband of the first defendant died and left behind the defendants as his legal heirs. However, since the defendants have not paid any amount to the plaintiff in spite of repeated demands, the plaintiff has filed a suit to decree the same.

(3.) THE case of the plaintiff is that through Semmalai (P.W.2), the husband of the first defendant Muthusamy approached the plaintiff and received a sum of Rs.5,000 from him by executing a promissory note dated 24.12.1981 with a condition to repay the same with 12% interest thereon on demand. Subsequently, the husband of the first defendant passed away. THEreafter, the plaintiff institued a suit against the legal heirs of late Muthusamy for the recovery of the same.