S. THULASIRAJAN Vs. MARCUS FREDRICK LAZARO

JUDGEMENT

(1.) Challenge in this second appeal is made by the plaintiff against the judgment and decree dated 16.07.2010 made in A.S.No. 18 of 2008 on the file of the Subordinate Court, Tambaram, confirming the judgment and decree dated 08.02.2008 made in O.S.No. 108 of 2005 on the file of the District Munsif Court, Alandur.

(2.) The suit has been laid by the plaintiff for recovery of money.

(3.) As per the case of the plaintiff, the defendant, in the month of Oct., 2003, borrowed a sum of Rs. 46,000.00 from him for developing his business and in evidence thereof, executed a promissory note and agreed to repay a sum of Rs. 10,000.00 by Sept., 2004 and the remaining balance by Dec., 2004 in the presence of two witnesses. However, according to the plaintiff, inasmuch as the defendant had not cared to pay the amount as promised and on the other hand, threatened the plaintiff with dire consequences and demanded the return of the said promissory note, the plaintiff was forced to prefer a police complaint against the defendant and it is further stated that after exchange of notices between them, the suit has been laid by the plaintiff for recovery of the amount.