LAWS(MAD)-2007-6-431

THIRUMAL NADAR AND; SUDALAIKUMAR Vs. THANGADURAI NADAR

Decided On June 29, 2007
Thirumal Nadar And; Sudalaikumar Appellant
V/S
Thangadurai Nadar Respondents

JUDGEMENT

(1.) The petitioners who are the defendants in O.S. No. 465 of 2003, have come forward with this revision challenging the order of dismissal dated 28.02.2005, made in I.A. No. 61 of 2004, on the file of the learned Principal Subordinate Judge, Tirunelveli. The respondent is the plaintiff in the said suit.

(2.) The respondent has filed the above suit against the petitioners herein for recovery of a sum of Rs. 1,60,000/- with interest alleging that on 22.09.1988, the petitioners/defendants borrowed a sum of Rs. 1,60,000/- from one Muruganantham S/o Kasi Nadar and executed an unregistered and unstamped document styling as Othi deed. It is the further case of the plaintiff that subsequently on 19.12.2000, Mr. Murugananthan after receiving Rs. 1,60,000/- from the plaintiff executed a made-over deed in his favour. The suit has been laid to recover the said amount with interest on the basis of the made-over deed dated 19.12.2000.

(3.) During evidence, the respondent/plaintiff has marked the first document dated 22.09.1988 as Ex. A.1 and the made-over as Ex. A.2. When they were produced in evidence, the defendants questioned the admissibility of the said documents and accordingly raised due objection. The learned Principal Subordinate Judge has marked those two documents as Ex. A.1 and Ex. A.2, subject to the objections.