SANTHI Vs. SIGAMANI

JUDGEMENT

(1.) It is a case of money decree due and payable on Promissory Note. The Defendants who were successful before the Trial Court and lost before the Lower Appellate Court are the appellants herein.

(2.) The respondent/plaintiff filed OA.No. 149/2012 on the file of the Court of Subordinate Judge, Neyveli against the appellants/defendants praying for judgment and decree to recover a sum of Rs. 4,79,600.00 with interest and cost on a Promissory Note dated 05.10.2010 executed by [late] Sivashanmugam - husband of the 1st Defendant for a sum of Rs. 4,00,000.00.

(3.) The plaintiff would aver among other things that the husband of 1st defendant and father of the defendants 2 and 3, viz., Sivashanmugam, on 05.10.2010, has borrowed a sum of Rs. 4 lakhs to meet out the family expenses and also in respect of the contract work by way of loan and on the date, executed a Promissory Note dated 05.10.2010 for a sum of Rs. 4 lakhs, undertaking to pay the principle and also interest at the rate of Re.1.00 per Rs. 100.00 per month. The plaintiff would further aver that in spite of very many demands made to repay the said amount, Sivashanmugam did not pay the same and he died on 16.02.2012. According to the plaintiff, the defendants had succeeded to the estate of [late] Sivashanmugam and as such, they are liable to repay the loan amount under the above said Promissory Note. The plaintiff through his Lawyer, has sent a legal notice dated 18.09.2012, for which, on behalf of the defendants, a reply notice was sent through their Lawyer dated 01.10.2012, containing false allegations. Since the defendants did not come forward to repay the amount borrowed by [late] Sivashanmugam, under the above the said Promissory Note, they instituted the above said suit.