P. RAGOTHAMAN Vs. A.B. GOVARDHAN

JUDGEMENT

(1.) The civil suit filed by the respondent, praying for a mortgage decree was decreed by the learned single Judge with interest at the rate of 36% per annum. Feeling aggrieved by the judgment and decree, dated 1 April 2010 in C.S.No.701 of 2005, the defendant is before us. Background Facts:

(2.) The respondent laid the suit against the appellant on the ground that he borrowed a sum of Rs.10 lakhs after executing 4 Promissory Notes. Subsequently also, the appellant borrowed money on various occasions. However, there was no follow up action to discharge the loan. The cheques issued by the appellant was dishonoured and the same resulted in initiating proceedings under Sec. 138 of the Negotiable Instruments Act. The respondent filed the suit on the strength of the agreement, dated 24 June 2000.

(3.) The suit was contested by the appellant by filing written statement. The appellant disputed the mortgage, stated to have been executed by him. The appellant contended that for the very same amount, the respondent filed C.C.No.7806 of 2001 before the V Metropolitan Magistrate, Egmore, Chennai and as such, he is not entitled to file a civil suit for recovery of money.