C. SOMAYYA Vs. E.V. CHINNIAH KONAR

JUDGEMENT

(1.) AGGRIEVED by the decree passed by the courts below in the suit on a promissory note Ex. A -1, the defendant has come up by way of Second Appeal.

(2.) THE allegations in the plaint are that the defendant is a permanent resident of Thevarmbur, Ramnad District. He borrowed a sum of Rs. 2,600 upon a promissory note from one Rama Konar of Pillamangalam village for meeting his family and agricultural expenses while he and the said Rama Konar were in India. Subsequently, he went to Singapore and Rams Konar also went there. In Singapore the defendant executed a promissory note on 22 -10 -1962 affixing Indian stamp and agreeing to repay the said sum with interest at 6 per cent, per annum. In spite of repeated demands, the said amount remained unpaid. Rama Konar having assigned the promissory note to the plaintiff on 1 -8 -1964, the present suit has come to be filed.

(3.) THE learned District Munsif held that the suit promissory note did not come under the provisions of Singapore Money Lenders Ordinance and the partial failure of consideration and the discharge pleaded by the defendant were true and thus decreed the suit. On appeal, the learned Subordinate judge accepted those findings.