KARRUPPANA GOUNDER Vs. KARRUPPASAMY GOUNDER

JUDGEMENT

(1.) The appellant herein is the plaintiff in a suit for promissory note.

(2.) The case of the plaintiff is that the defendant had executed a demand promissory note for a valuable consideration of Rs.1,50,000/- (Rupees one lakh fifty thousand only), agreeing to re-pay the same with interest at the rate of 12% p.a. on demand. However, as defendant is an agriculturist, the plaintiff had claimed only interest at the rate of 9% per annum. As there was no repayment coming forth from the defendant, despite several demands, a legal notice was issued on 06.08.1999, which was received by him on 12.08.1999. According to the plaintiff, the defendant gave a belated reply containing false and untenable facts. Hence, the suit came to be filed.

(3.) The suit was resisted by the defendant in an usual manner, denying the execution of promissory note and the receipt of consideration of Rs.1,50,000/-. It was further contended by the defendant that on receipt of the notice dated 11.08.1999, a reply was sent immediately on 12.08.1999.