P. THANKARAJ Vs. P. RAJAN

JUDGEMENT

(1.) THIS second appeal is preferred by the appellant/ defendant as against the concurrent findings of both the Courts below in decreeing the suit as prayed for.

(2.) THE respondent/plaintiff filed the suit for recovery of money on the promissory note executed by the defendant on 26.2.1999 after borrowing a sum of Rs.2,00,000/ - promising the repay the debt on demand with interest at the rate of Rs.3/ - per hundred per month. Since the defendant had failed to repay the amount on demand made by the plaintiff on several times, ultimately after issuing a legal notice, instituted the suit claiming a sum of Rs.2,77,029/ - with interest at 18% per annum.

(3.) THE defendant filed a written statement stating that he received a loan of Rs.50,000/ - from one Suseela and not from the plaintiff by executing any promissory note. However, in the additional written statement, he denied the very execution of the promissory note. It is the case of the defendant that his signature was obtained in a blank stamp paper as well as in a plain paper on the premise that it is going to be used in a MCOP case being filed on the death of his son. But the plaintiff has misused the said blank stamp paper and plain paper and fabricated the suit promissory note.