A NATARAJAN (DIED) Vs. PAVAYEE

JUDGEMENT

(1.) This Second Appeal has been filed by the defendant against the judgment and decree passed by the learned Sub-Judge, Sankari in A.S.No.78 of 1998 dated 28.03.2001, confirming the judgment and decree passed by the learned District Munsif, Sankari in O.S.No.84 of 1990 dated 27.02.1998.

(2.) The respondent herein has filed a suit, based on a promissory note, to direct the appellant herein to pay a sum of Rs. 13,760/- with subsequent interest and cost. The learned District Munsif, Sankari by the judgment dated 27.01998 has decreed the suit directing the appellant herein to pay a sum of Rs. 13,760/- with interest at the rate of 24% per annum on the principal amount of Rs. 8,000/- from the date of filing of the suit till the date of decree and thereafter at the rate of 6% per annum and also directed the appellant herein to pay cost of the suit. Aggrieved by the same, the appellant herein has filed an appeal in A.S.No.78 of 1998 on the file of the learned Sub-Judge, Sankari. The learned Sub-Judge, Sankari has dismissed the said appeal confirming the judgment and decree passed by the trial Court. As against the same, the defendant has filed the present Second Appeal. For the sake of convenience the parties are referred to as described before the trial Court.

(3.) The averments made in the plaint are, in brief, as follows: