K. THIRUMALAI NAMBI Vs. MAHARAJA PILLAI

JUDGEMENT

(1.) THE plaintiff is the appellant before me. The short facts in the second appeal are as follows:

(2.) THE plaintiff preferred O.S. No. 343 of 1970 on the file of the District Munsif's Court, Nagercoil, for recovering the mortgage amount under Exhibit A -1, dated 14th November, 1968, which was executed in his favour for a sum of Rs. 1,000. In and by the said document, the defendant undertook to pay interest and principal, separately and allow the plaintiff to sue for interest that has accrued, for three consecutive months. Interest of Rs. 25 was paid only for one month, and thereafter, there was default to pay the same upto 14th October, 1969, which led to the filing of Small Causes Suit No. 384 of 1969 and obtaining of a decree for the interest alone. Hence, the present, suit for the recovery of the subsequent interest and the entire principal outstanding.

(3.) THE learned District Munsif upheld the plea of the defendant, and dismissed the suit. On appeal in A.S. No. 427 of 1971, the learned District Judge, Kanyakumari at Nagercoil, confirmed the findings of the trial Court. Hence, the present second appeal.