PONNUSWAMI CHETTIAR Vs. KAILASAM CHETTIAR

JUDGEMENT

(1.) THE plaintiff in S.C.S. No. 61 of 1945 on the file of the District Munsiff's Court, Kulitalai, applies to revise the order of the learned District Munsiff dismissing his suit brought for recovery of Rs. 209 -8 -0 from the respondent. The respondent borrowed from one Nallvangalammal a sum of Rs. 100 on 2nd May, 1940 and a sum of Rs. 90 on the 24th July, 1940 agreeing to pay the amounts with interest at six per cent. per annum. Nallvangalammal died and the plaintiff claimed to be her heir and though this fact was not admitted, it is not necessary any longer to deal with this objection because the plaintiff obtained a succession certificate in respect of the suit claim.

(2.) IN the plaint it was alleged that those two loans were evidenced by two documents described as hand -letters. They were admittedly unstamped. It appears that before the trial stamp duty and penalty were levied by the Court on the footing that they were bonds.

(3.) THE defendant admitted the execution of the two documents, but pleaded that in substitution of his liability under them he had executed a promissory note -on 29th April, 1944, and had made payments towards the promissory note and there was only a sum of Rs. 40 still payable for the principal of the loan and interest.