MURUGANANTHAM Vs. ARIVAZHAGAN

JUDGEMENT

(1.) THE appellant/defendant has projected this appeal as against the judgment and decree made in O.S.No,24 of 1999 on the file of learned Additional District Judge, Karaikal.

(2.) THE short facts of the plaint are as follows: THE appellant/defendant has borrowed a sum of Rs.30,000/- on 18.5.1997 from the respondent/plaintiff agreeing to repay the same with interest at 12% per annum and has executed a pronote. Inspite of repeated demand made by the respondent/plaintiff, the appellant/defendant has not made any payment. Consequently, the respondent/plaintiff has issued an Advocate Notice dated 22.2.1999, 23.2.1999 claiming the amount. THE appellant/defendant has sent a reply on 15.4.1999 with incorrect allegations. Hence, the suit is laid for recovery of the suit amount of Rs.37,500/- with interest at 12% per annum from the date of filing of the plaint till date of payment and with costs.

(3.) THE trial Court altogether has framed 1 to 4 issues and on an appreciation of oral and documentary evidence on record, it has come to the conclusion that the appellant/ defendant has received a sum of Rs.30,000/- on 18.5.1997 and has executed the suit pronote and resultantly, decreed the suit in favour of the respondent/plaintiff.