SHIVASANKARA CHETTIAR Vs. NATESA CHETTIAR

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment and Decree, dated 17.02.1994 made in O.S.No.182 of 1992 on the file of the Additional Sub Judge, Chengalput.

(2.) THE appellant herein was the plaintiff in the suit before the trial court. It is seen that the suit was filed by the appellant, based on a promissory note, dated 21.12.1988 to recover the amount due and payable on the instrument with interest and costs. THE trial court, considering the oral and documentary evidence and the arguments advanced by both sides, partly allowed the suit, directing the respondent / defendant to pay a sum of Rs.37,562.50/- with 6% interest from the date of filing of the suit, till the date of realisation. Aggrieved by which, this appeal has been preferred.

(3.) ACCORDING to the learned counsel for the respondent, though as per Ex.A.1, promissory note, the respondent has agreed to repay the amount with 12% interest to the appellant, the trial court, without considering the same granted decree, directing the respondent to pay only Rs.37,562.50/- with 6% interest. The learned counsel further contended that valuable property was taken over by the respondent in the partition, as he is doing business in oil, paddy, rice and other commodities and therefore, the amount received under Ex.A.1 is towards commercial transaction.