M. PONNUTHAIAMMAL Vs. V. ALAGARSAMY NAICKER

JUDGEMENT

(1.) This Second Appeal has been filed by the Appellant/Defendant against the Judgment and Decree, dtd. 16/8/2005 made in A.S. No. 88 of 2004 on the file of the learned Principal District Judge, Virudhunagar District at Srivilliputhur.

(2.) The Respondent herein filed a Suit in O.S. No. 289 of 2001 on the file of the learned Subordinate Judge, Aruppukottai, seeking a direction to the Defendant to pay a sum of Rs.1,35,800.00 to the Plaintiff and to pay Interest for a sum of Rs.1,00,000.00 out of Rs.1,35,800.00 at the rate of 12% p.a. from the date of filing of the Suit till the date of realization. The learned Subordinate Judge, Aruppukottai, by Judgment and Decree, dtd. 23/10/2003, dismissed the Suit with costs.

(3.) Aggrieved over the same, the Respondent herein filed an Appeal in A.S. No. 88 of 2004 before the learned Principal District Judge, Virudhunagar District at Srivilliputhur. By the Judgment and Decree dtd. 16/8/2005, the learned Principal District Judge, Srivilliputhur, by observing that the Pro-Note which was marked as Ex. A1 proved the fact that the Defendant/Appellant received the Suit amount from the Plaintiff/Respondent, allowed the Appeal with costs.