RAMACHANDRA IYER Vs. VADIVELU

JUDGEMENT

(1.) The appeal is against the judgment and decree of the court of the Subordinate Judge of Tiruvannamalai in O.S. 86 of 1979. The fist 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. 7800 on 30-10-1972, and executed the suit first promissory note agreeing to repay the said sum with interest at 12 per cent per annum. He paid on several occasions in all Rs. 2614, and the balance is due. The first defendant again borrowed Rs. 2000 from the plaintiff on 19-9-1974, and executed the suit second promissory note promising to repay the same with interest at 12 per cent 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.) The first defendant contended that he borrowed Rs. 6700 only from the plaintiff's father in 1967 for starting a new business and the promissory note was executed in favour of his son in view of the earlier debt. He also claimed to have repaid Rs. 2998 towards the said promissory note. He admitted the borrowing of Rs. 2000 under the suit second promissory note and claimed to have paid Rs. 640 therefor. He also claimed the benefits of various Debt Relief Acts. The suit is also barred by time.