RAMAYEEAMMAL Vs. C KARTHIKEYAN

JUDGEMENT

(1.) THIS appeal is filed under Section 96 of CPC against the Judgment and Decree dated 28.6.2002 in O.S.No,61 of 2001 on the file of Court of Additional District Judge -cum- Fast Track Court No.1, Erode. THIS appeal has been projected by the appellants/defendants as against the Judgment and decree dated 28.6.2002 made in O.S.No,61 of 2001 on the file of Additional District Court-cum Fast Track Court-1, Erode.

(2.) THE relevant facts of the case are set out hereunder: On 22.9.1988, the second defendant's husband Shanmugam, during his life time, has owed a sum of Rs.3,00,000/- from the first respondent/plaintiff promising to repay the same with interest at the rate of 18% p.a and executed the suit pronote. Further he has not paid any amount either towards principal or interest. THE first appellant/first defendant is the mother and second appellant/second defendant is the wife and third appellant/third defendant is the daughter of the deceased Shanmugam. Inasmuch as the appellants 1 to 3 have succeeded the estate of deceased Shanmugam of legal representatives, they are bound to discharge the loan amount borrowed by him. Since the appellants have failed to repay the loan amount, the suit is laid for recovery of a principal sum of Rs.3,00,000/- together with interest of Rs.54,000/- totaling in all a sum of Rs.3,54,000/- directing the appellants/defendants 1 to 3 to pay the said amount of Rs.3,54,000/- with interest at the rate of 18% p.a on the principal amount of Rs.3,00,000/- till the date of payment from and out of the estate of deceased Shanmugam.

(3.) THE trial Court has framed in all three issues. On an appreciation of oral and documentary evidence and after scrutinizing the same , the trial Court has ultimately come to the resultant conclusion that the suit promissory note has been supported by consideration and the same is a true one and further the same has been executed by the husband of the second appellant viz., deceased Shanmugam and has also directed the appellants/defendants to pay a sum of Rs.3,54,000/- and to pay interest at 12%p.a. for the principal amount of Rs.3,00,000/- from the date of filing of the plaint till the date of judgment and an interest at the rate of 6% p.a. has been awarded from the date of decree till the date of realisation with costs.