RAMACHANDRA IYER Vs. VADLVELU

JUDGEMENT

(1.) THE appeal is against the judgment and decree of the court of the Subordinate Judge of Tiruvannamalai in O.S.No.85 of 1979. THE first defendant is the appellant.

(2.) THIS is a suit on two promissory notes. The case of the plaintiff is that the first defendant, who is the father of the second defendant, borrowed from the plaintiff Rs.7,800/- on 30.10.1972 and executed the suit first promissory note agreeing to repay the said sum with interest at 12% per annum. He paid on several occasions in all Rs.2,614/-and the balance is due. The first defendant again borrowed Rs.2,000/- from the plaintiff on 19.9.1974 and executed the suit second promissory note promising to repay the same with interest at 12% per annum. He has paid Rs.440/- in all towards this promissory note and the balance is due. In view of the Debt Relief Acts and moratorium laws, the suit is not barred. As the defendants 1 and 2 constituted a joint Hindu family, the second defendant is also liable to pay the debt.

(3.) ON the above pleadings, the following issues were framed for trial: