V.S.RAMALINGAM Vs. B.LAALITHA

JUDGEMENT

(1.) The plaintiff, whose suit for recovery of a sum of Rs.6,78,125/- was dismissed by the Trial Court, is the appellant in this appeal. The suit itself is based on Ex.A1 dated 16.10.2003, which according to the plaintiff is an acknowledgment of debt executed by the defendants acknowledging the borrowing made by them under the promissory note dated 30.06.2000. The plaintiff has claimed interest on the said borrowings at 15% per annum. The defendants did not repay the amount inspite of notice dated 17.08.2006, hence, the suit came to be filed.

(2.) The defendants would resist the suit contending that they did not borrow any money from the plaintiff and did not execute any document whatsoever in favour of the plaintiff. The defendants would further contend that the plaintiff was working as the Chief Manager in Tamil Nadu State Apex Cooperative Bank Limited, Royapuram Branch. The defendants have borrowed a sum of Rs.8,10,000/- from the bank for the purpose of putting up a construction in their property. The said borrowing was made on 7.9.2001 and the defendants deposited the title deeds relating to their property situated at No.1, Balaraman Street, Thiru-vi-ka-nagar, Chennai-600 082, with the bank on 24.10.2002. The plaintiff had in fact signed the acceptance of such deposit of title deeds as security for the said debt.

(3.) The defendants would contend that the plaintiff has created Ex.A1 namely, acknowledgment of the debt by forging their signatures. Thus it could be seen that the case of the defendants is one of the total denial.