KAMALA Vs. K A KUNJITHAPATHAM

JUDGEMENT

(1.) ADDITIONAL defendants 2 and 4 to 7 who are legal heirs of deceased defendant in O.S. No. 699 of 1990, on the file of Subordinate Judge's Court at Tiruchirappalli are the appellants. Third defendant who is also a legal heir has been impleaded as second respondent in this Appeal.

(2.) PLAINTIFF filed the suit for recovery of a sum of Rs. 1,97,033-34.p on the basis of promissory notes Exs. A-1 to A-7 executed by deceased defendant. The allegation in the plaint is that as per Ex. A-1 dated 7.2.1986, the deceased defendant executed a promissory note in favour of one Mangayarkarasi for a sum of Rs. 35,000/-, as per ExA-2 dated 5.3.1986, he executed another promissory note in favour of one Rajeshwari for Rs. 20,000/-; as per Ex. A-3 dated 25.7.1986, he borrowed a sum of Rs. 20,000/- from one Tara; and, as per Exs. A-4, A-5 and A-6, he had borrowed Rs. 20,000/-Rs. 5,000/- and Rs. 15,000/- respectively by executing promissory notes in favour of one Eswari on 10.8.1986, 13.8.1986 ana 3.9.1986. Defendant borrowed a further sum of Rs. 10,000/- on 5.10.1986 by executing a promissory note Ex. A-7 in favour of plaintiff. It is said that as per Exs. A-8 to A-14, defendant himself has made endorsements of payment in the various promissory notes. It is further said that the plaintiff is now the holder of Exs. A-1 to A-6, and the persons in whose name the promissory notes were executed, assigned the same for collection as evidenced by Exs. A-15 to A-20. It is further said that the defendant has paid interest upto the end of August 1987, Defendant had further agreed to pay interest at 18% per annum on each and every promissory note. Since there was default in payment of interest, a demand notice was issued on 1.8.1990 asking the defendant to settle the transactions, and the notice was served on the defendant on 6.8.1990. In that notice, the date of assignment was wrongly given as 29.7.1986. So, the further notice was sent to the defendant intimating the correct date of assignment. That notice was also served on the defendant on 6.8.1990. But the defendant did not send any reply. The suit was, therefore, laid for recovery of a sum of Rs. 1,97,033-34.p. with future interest at the rate of 24% per annum, and costs.

(3.) SINCE caveat was entered by plaintiff/respondent No. 1, the Second Appeal itself was heard for final disposal when it came up for admission.