A.SIRAJUDEEN Vs. K.P.SENJI REDDI

JUDGEMENT

(1.) Challenging the judgment and decree passed in A.S.No.31 of 2010 on the file of the Subordinate Court, Kovilpatti, confirming the judgment and decree passed in O.S.No.3 of 2007, on the file of the District Munsif Court, Vilathikulam, the defendants have filed the above Second Appeal.

(2.) The second appellant is the wife of the first appellant. The respondent/plaintiff filed the suit in O.S.No.3 of 2007 for recovery of a sum of Rs.73,386/- together with interest at the rate of 12% p.a.

(3.) It is the case of the plaintiff that the defendants jointly borrowed a sum of Rs.54,000/- and executed a promissory note on 09.02.2004 agreeing to repay the said amount together with interest at the rate of 12% p.a. Since the defendants failed to repay the loan amount, the plaintiff sent a registered notice on 18.01.2007, which was also received by the defendants on 19.01.2007. The defendants sent a reply dated 22.01.2007 through their lawyer. According to the defendants, they did not borrow any amount from the plaintiff and execute the suit promissory note. Further they have stated that the suit promissory note is a fabricated document. That apart, the defendants have also stated that they have not signed the suit promissory note at any point of time.