MURALI Vs. SELVI

JUDGEMENT

(1.) This Second Appeal has been filed to set aside the judgment and decree dated 03.06.2014 made in A.S.No.13 of 2013 on the file of the Subordinate Court, Ariyalur, reversing the judgment and decree dated 05.09.2012 in O.S.No.190 of 2010 on the file of the District Munsif Court, Jeyankondam.

(2.) The appellant is defendant and respondent is the plaintiff in O.S.No.190 of 2010 on the file of the District Munsif Court, Jeyankondam. The respondent filed said suit for recovery of a sum of Rs.63,500/- together with interest on 50,000/- at 12% per annum. According to the respondent, the appellant borrowed a sum of Rs.50,000/- on 15.06.2007 from the respondent agreeing to repay the same together with interest at 12% and executed a promissory note. The appellant did not pay the principal and interest inspite of demand in person and by two notices. In the circumstances, the respondent filed the above suit.

(3.) The appellant filed written statement and denied having borrowed a sum of Rs.50,000/- on 15.06.2007 from the respondent and execution of promissory note. According to the appellant, he sold his land to the respondent on condition that the same must be reconveyed to the appellant on payment of amounts. On the date of execution of the sale deed, the respondent took blank promissory note from the appellant. The appellant repaid the amounts and requested the respondent to reconvey the property. The respondent with a view to fraudulently grab the property of the appellant, fabricated the suit promissory note. The appellant settled the account with respondent and even after that, the respondent is using the promissory note. After the payment of amounts due and settlement of accounts, she has filed the present suit only to take revenge on the appellant. The respondent issued notice dated 15.06.2010 through her Advocate. On receipt of the said notice, the appellant contended that the respondent came with a witness and informed about the settlement of accounts. The respondent informed the appellant that by mistake the said notice was issued and she will not take any action based on the said notice. In view of the same, the appellant did not send any reply and prayed for dismissal of the suit.