YESUDHAS Vs. PRIMALA REGU

JUDGEMENT

(1.) The plaintiffs 2 to 5 in the suit in O.S.No.117 of 2004 (originally it was O.S.No.24 of 1997) on the file of the Principal District Munsif Court, Nagercoil, are the appellants in the second appeal. The appellants are the legal heirs of one C.Rajammal, who is the first plaintiff in the suit.

(2.) It was the case of the first plaintiff in the suit that the defendant borrowed a sum of Rs.50,000.00 as loan on 12.03.1994 and had executed a Rekai acknowledging receipt of Rs.50,000.00 in favour of the first plaintiff. It was the further case of the first plaintiff that the defendant had not paid either the principal or interest towards repayment of loan. It was also the case of the first plaintiff that the defendant did not pay the amount despite several demands and that the defendant is liable to pay a sum of Rs.67,000.00 as on the date of filing the suit and hence, the suit was filed for recovery of a sum of Rs.67,000.00.

(3.) The respondent/defendant filed a written statement denying the receipt of Rs.50,000.00 from the first plaintiff and the liability to pay any amount to the first plaintiff. However, in the later part of the written statement, the respondent/defendant admitted that the first plaintiff and her daughter Sarojini had given a complaint to recover the amount from the defendant and that as a result, the defendant had paid a sum of Rs.29,000.00 through her husband. Defendant also pleaded that an agreement was signed by plaintiff and her daughter on one side and defendant and her husband on the other side. Thus according to the defendant only a sum of Rs.21,000.00 has to be repaid as per the said agreement. Thus, it was the definite case of the respondent/defendant that the alleged loan was partially discharged and that the respondent/defendant is liable to pay only a sum of Rs.21,000.00.