STATE OF TAMIL NADU Vs. T R SURRENDRANATH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 11. 09. 1995 made in O. S. No. 11624 of 1988 on the file of the learned VII Assistant Judge, City Civil Court, Chennai.

(2.) THE appellants herein are the defendants before the trial Court in O. S. No. 11624 of 1988. The respondent/plaintiff had filed the suit for declaration, permanent injunction and also for a direction to the appellants/defendants to pay a sum of Rs. 92,000/- together with interest at the rate of 6% per annum. The Court below has decreed the suit directing the appellants/defendants to pay a sum of Rs. 50,000/- with proportionate costs. Aggrieved by the judgment and decree passed by the Trial Court, the appellants/defendants have preferred this appeal.

(3.) MR. V. RAVI, learned Special Government Pleader (AS) appearing for the appellants/defendants submitted that the Trial Court, without considering the evidence and the merits of the case properly, has decreed the suit directing the appellants/defendants to pay a sum of Rs. 50,000/- to the respondent/plaintiff, though the respondent/plaintiff had filed only a copy of the legal notice dated 02. 10. 1994 sent by him, without any other supporting documents for claiming Rs. 92,000/ -. According to the learned Special Government Pleader, the oral evidence of the respondent/plaintiff and the copy of the notice marked as Ex. A-1 would not be sufficient to establish the case of the respondent/plaintiff to base the money claim, however the Court below has decreed the suit for a sum of Rs. 50,000/- without any supporting evidence.