K. SIVAKUMAR Vs. N. KADHAR ALI

JUDGEMENT

(1.) This second appeal is filed by the plaintiff inveighing the judgement and decree dated 06.11.2007 passed by the Principal Subordinate Judge, Salem, in A.S. No. 109 of 2007 wherein and by which the judgment and decree dated 12.02.2007 recorded in a suit for recovery in O.S. No. 615 of 2006 on the file of the Principal District Munsif, Salem, were reversed allowing the First Appeal at the instance of the defendant.

(2.) The case of the plaintiff is that the defendant borrowed a sum of Rs.20,000/- for the purpose of his family and business requirement and executed a promissory note on 08.10.2004 agreeing to repay the same with interest at 24% per annum. As the defendant did not repay the loan, the plaintiff caused a legal notice on 14.7.2005 for which a reply was sent by the defendant alleging untenable reasons. Hence, the suit has been filed.

(3.) The case of the respondent / defendant was that it was the father of the plaintiff who had been carrying on business in money lending in the name and style of P.S.K. Finance. The defendant denied the borrowal of Rs.20,000/- as loan from the plaintiff and also denied the execution of the promissory note on 08.10.2004. The defendant further denied the statement of the plaintiff that his father was his power of attorney. It was his further contention that the defendant signs only in English language and hence, the signature in pronote in Tamil is a forged one. On these grounds, he sought for dismissal of the suit.