VEDIAPPAN Vs. PADMANABAN

JUDGEMENT

(1.) This Second Appeal has been filed against the Judgement and Decree dated 17.11.2011, passed in A.S.No.13 of 2011 on the file of Principal Subordinate Judge, Thiruvanamalai, modifying the Judgement and Decree dated 05.01.2011, passed in O.S.No.76 of 2009 on the file of Principal District Munsif, Chengam.

(2.) The defendant in the suit for recovery of money based on promissory notes, has preferred the above second appeal. The respondent/plaintiff had laid the case based on two promissory notes marked as Exs.A.1 and A.2, dated 01.09.2006, for a sum of Rs.25,000/- each. As the money was not repaid, the suit has been laid.

(3.) Denying the averments leading to the cause of action in the suit, the appellant/defendant had stated that he has been cultivating the lands of the respondent/plaintiff based on an oral lease. As the lease was an oral one, the respondent/plaintiff had brought one Ranganathan on 01.09.2006 and wrote the two promissory notes, and the same were signed by the defendant as a token thereof. The defendant denied any passing of consideration based on the promissory notes.