K MANIAMMA Vs. S V GOVINDARAJU

JUDGEMENT

(1.) APPEAL suit filed under Section 96 of the Civil Procedure Code, 1908 against the judgment and decree dated 28.8.2001 in O.S.No,326 of 1996 on the file of the Subordinate Court, Hosur.) The appellant/defendant has filed this appeal as against the judgment and decree dated 28.8.2001 made in O.S.No,326 of 1996 on the file of Sub Court, Hosur.

(2.) THE short facts of the respondent/plaintiff's case are as follows: THE appellant/defendant has borrowed a sum of Rs.4,00,000/- from the respondent/plaintiff on 04.09.1992 and executed a pronote promising to repay the same with interest at 18% per annum to the respondent/plaintiff are to his order and that the appellant/defendant has received the consideration in cash in the presence of attestors and scribe of the promissory note. THE appellant/plaintiff in order to discharge the debts incurred in connection with the purchase of property in her name and to run a hotel business has borrowed the money.

(3.) IT is also the stand of the appellant/defendant that the respondent/ plaintiff has no means to pay such a huge amount of Rs.4,00,000/- to her and the fact is that the respondent/plaintiff and her husband Kannan have been running a non-vegetarian hotel as partners at Hosur and due to some misunderstanding the partnership has been desolved in 1987 and the hotel business cannot be continued and then, her husband Kannan has been running the non-vegetarian hotel in the name of 'Sri Venkateswara Tea Centre' at the near Bangalore Road near the old bus stand and that the respondent/plaintiff has been running a separate non-vegetarian hotel under the name of 'Poornima' in Hosur Town and that her husband Kannan died on 04.11.1992 and after his demise the appellant and her sons have continued to run the hotel of 'Venkateswara Tea Centre' at the same place and that she has purchased a house in Survey No,367/1 at Mookandavalli Village, Sipcot, Hosur on 29.1.1986 and after purchase, she has obtained a loan of Rs.60,000/- from the Co-operative Housing Society and utilising her savings she has constructed a terrace house in the building.