LAWS(MAD)-2009-1-451

M NAGARATHINAM Vs. S ALFONSA MARY

Decided On January 21, 2009
M Nagarathinam Appellant
V/S
S Alfonsa Mary Respondents

JUDGEMENT

(1.) This Second appeal is disposed of at the admission stage itself.

(2.) The suit in O.S. No. 30 of 2001 has been filed by the respondent/plaintiff for recovering a sum of Rs. 2,24,420.50/- with interest. The case of the plaintiff is that the defendant borrowed a sum of Rs. 1,00,000/- on 17.07.1998 and executed two promissory notes of Rs. 50,000/- each on the very same day. Again on 30.10.1998, the defendant borrowed a sum of Rs. 50,000/- and executed a pronote on that day. When the money was demanded by the Plaintiff the same was not repaid and the notice sent by her on 11.01.01 was also not replied by the dependant. Hence the suit has been filed for the recovery of the above said amount.

(3.) A Written statement was also filed by the defendant, wherein the defendant denies the allegation made in the plaint. The case of the defendant is that the plaintiff is having a Marikolundu oil company and for that business, the plaintiff approached the defendant to plant Marikolundu in her land, and to sell the flowers to the plaintiff and for which a sum of Rs. 50,000/- was paid by the plaintiff as advance.