RAJAMANI Vs. SEERALAN

JUDGEMENT

(1.) THE unsuccessful plaintiff is the appellant.

(2.) THE case in brief is as follows:

(3.) POINTSTHE defendant executed Ex.A-1 suit pronote for a sum of Rs.2,600. The execution of the document was admitted by the defendant, but, however, he contended that only towards interest of Rs. 1,300 the document was executed for Rs.2,600. It transpired in the evidence that the defendant, his father and his brother received a sum of Rs.4,000 from one Rajavelu and executed bogiam under Ex.B-1 But, however, the lands continued to remain in his enjoyment. The mortgage after receiving Rs.5,000 assigned the bogiam in favour of plaintiff and the plaintiff after getting assignment, the defendant agreed to pay interest 15 bags of paddy per year. The bogiam was also discharged subsequently and according to the defendant, the plaintiff insisted that interest should be paid for a period of two years and the paddy rate was calculated at Rs. 130 per bag.