PECHIAMMAL Vs. M RAJAMANI

JUDGEMENT

(1.) This civil revision petition is directed against the Judgment and Decree, dated 11.09.2006, passed in A.S.No.4 of 2006, on the file of the Subordinate Court, Aruppukkottai, confirming the Judgment and Decree, dated 05.09.2005, passed in O.S.No.267 of 2004, on the file of the District Munsif Court, Aruppukkottai.

(2.) The said suit has been laid by the respondent / plaintiff for recovery of money on the basis of the promissory note.

(3.) In brief, according to the plaintiff, the husband of the first defendant and father of the other defendants, namely, the deceased Pandi had borrowed a sum of Rs.18,000/- from him on 22.07.2003 for his family necessity and to discharge the miscellaneous debts and in evidence thereof, he had executed a promissory note agreeing to repay the same with interest as specified therein and thereafter, he died on 16.09.2003, leaving the defendants as his legal heirs and the defendants are also aware of the borrowal of the amount by the deceased Pandi from the plaintiff as pleaded and therefore, the plaintiff demanded the defendants to pay the amount, however the defendants were delaying the payment and hence, the plaintiff issued a legal notice calling upon the defendants to pay the amount and even thereafter, the defendants did not care to pay the amount and on the other hand, they attempted to alienate the properties belonged to the deceased Pandi with a view to defraud the plaintiff and hence, according to the plaintiff, the suit has come to be laid.