R. SENBAGADEVI Vs. C. SUNDARAMANI

JUDGEMENT

(1.) The defendants have impugned the judgment and decree dated 15.03.2010 made in A.S.No.58/2008 on the file of the Additional District and Sessions Judge, Salem, Fast Track Court, confirming the judgment and decree dated 01.02.2008 made in O.S.No.7 of 2007 on the file of the Subordinate Court, Sankagiri in this second appeal.

(2.) The suit has been laid for recovery of money

(3.) The case of the plaintiffs, in brief, is as follows: The first defendant is the wife and the defendants 2 and 3 are the children of the deceased Ramachandran. Ramachandran died on 07.08.2005. For business activities and family expenses, on 30.03.2004 the deceased Ramachandran and his wife, the first defendant borrowed a sum of Rs. 1,00,000.00 from the plaintiff and in evidence thereof, both of them executed a promissory note in favour of the plaintiff agreeing and promising to repay the debt with interest at the rate 12% per annum on demand to the plaintiff. However, they had not repaid any amount towards the debt borrowed from the plaintiff as stated above under the promissory note. On the death of Ramachandran, the first defendant and his children had inherited his estate. Therefore, the plaintiff has been necessitated to file the suit against the defendants for the recovery of the suit amount.