K BALASUNDARAM Vs. SWAMINATHAN
LAWS(MAD)-2011-11-390
HIGH COURT OF MADRAS
Decided on November 30,2011

K Balasundaram Appellant
VERSUS
SWAMINATHAN Respondents


Referred Judgements :-

FLETCHER V. MANNING [REFERRED]
RAM SARUP V. HARDEO [REFERRED]
VISVONATA RAGHUNATH AUDI V. MARIANO COLACO [REFERRED]
MOHIDEEN BI V. KHATOON BI [REFERRED]


JUDGEMENT

- (1.)The Appellant/Defendant has filed the instant Second Appeal against the Judgment and Decree dated 23.06.2006 in A.S.No.11 of 2006 passed by the Learned Subordinate Judge, Devakottai in O.S.No.27 of 2005, on the file of the Learned District Munsif, Devakottai.
(2.)Before the trial Court, in the main suit 1 to 3 issues have been framed for determination. On behalf of the Respondent/Plaintiff, witness P.W.1 has been examined and Ex.A.1 to A.3 have been marked. On the side of the Appellant/Defendant, witness D.W.1 has been examined and Ex.B.1 has been marked.
(3.)The trial Court, on an appreciation of oral and documentary evidence available on record has come to a resultant conclusion that the Appellant/Defendant himself has written Ex.A.1 Pronote dated 11.07.2002 and as such, he is liable to pay the pronote amount of Rs.27,390/- to the Respondent/Plaintiff. Further, the trial Court has directed the Appellant/Defendant to pay a sum of Rs.27,390/- to the Respondent/ Plaintiff and for the principal sum of Rs.15,000/-, the Appellant/Defendant has been directed to pay an interest of 6% from the date of filing of the plaint till the date of realisation together with costs.


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