MARAPPA GOUNDER DEAD Vs. KANDASAMY

JUDGEMENT

(1.) the respondent herein, filed a suit against Marappa Gounder, the appellant herein, for recovery of a sum of Rs. 19,060/-, on the basis of a promissory note executed by him. The trial Court dismissed the suit, observing that the promissory note had not been executed by the defendant. However, in the appeal filed by the respondent herein, the lower appellate Court decreed the suit by allowing the appeal. Hence, this Second Appeal.

(2.) The case of the plaintiff is as follows : The defendant obtained a loan of Rs.16,000/- on 03.06.1992 from the plaintiff and executed a promissory note for the said sum. Since the amount was not paid in time despite repeated demands, the plaintiff sent a lawyer's notice on 24.06.1994. On receipt of the notice, the defendant sent a reply, containing false-allegations. Hence, the suit.

(3.) The case of the defendant is as follows . The defendant has no transaction whatsoever with the plaintiff in either obtaining any loan or in executing any promissory note. The promissory note is a forged one, as he has not signed in the same. Therefore, the suit is liable to be dismissed.