M CHOCKALINGAM Vs. A G GURURAJ

JUDGEMENT

(1.) The suit of the present appellant filed against the present respondents in O.S.No.428/2004 before the XXXI Addl. City Civil Judge, Bengaluru City (hereinafter for brevity referred to as 'trial Court'), came to be dismissed by the judgment and decree dated 07.03.2011. It is against the said dismissal of the suit, the plaintiff has preferred this appeal.

(2.) The summary of the case of the plaintiff in the Court below is that the defendant Nos.1 to 4 had jointly borrowed a sum of Rs.2,00,000.00 from him on 24.01.2001 and had promised to repay the same with interest thereupon at 2% per month. It is in that regard the defendants had executed on demand promissory note and consideration receipt. Despite the repeated requests and demands made by the plaintiff, the defendants failed to repay the loan amount. The plaintiff was constrained to issue a legal notice dated 30.07.2003 upon the defendants calling upon them to repay the loan amount together with interest thereupon. Since the defendants failed to repay the amount due, the plaintiff was constrained to institute a suit against them.

(3.) It was only the defendant No.2, who filed her written statement in the trial Court. She denied the alleged loan transaction and also the execution of on demand promissory note in favour of the plaintiff. On the other hand, she contended that she came to know that the defendants have paid and the plaintiff has received a cash of Rs.50,000.00 on 01.07.2003 at his office. She admitted the receipt of legal notice sent by the plaintiff. She denied that she along with defendant Nos.1, 3 and 4 are due to the plaintiff a sum of Rs.2,00,000.00 and are liable to pay the said sum with interest.