RAGINA BEEVI Vs. ARASAN

JUDGEMENT

(1.) This Second Appeal is filed against the judgment and decree of learned II Additional District Judge, Chidambaram, in A.S.No.10 of 2015 dtd. 3/9/2018 reversing the judgment and decree of the learned Subordinate Judge, Chidambaram in O.S.No.27 of 2008 dtd. 6/1/2015.

(2.) Appellant filed the suit for recovery of Rs.2,02,391.75p with subsequent interest at 12% p.a from the date of suit till the date of realisation.

(3.) The case of appellants, in brief, is that on 20/8/2004, respondent borrowed from Jamal Mytheen, husband of first appellant and father of appellants 2 to 4, a sum of Rs.80,000.00 for his family expenses. He agreed to pay interest at 12% p.a. To evidence the borrowing, he executed a promissory note, promissing to repay the amount, on demand, together with interest. Again on 5/9/2004, respondent borrowed a sum of Rs.70,000.00 from Jamal Mytheen, agreeing to pay interest at 12% p.a. He had also executed a promissory note to evidence the borrowal of Rs.70,000.00. Respondent did not repay the principal or interest. Jamal Mytheen died on 12/8/2005. Appellants are legal heirs of Jamal Mytheen. They demanded respondent to repay the amount, but he did not repay the amount. Therefore, the suit was filed for recovery of the money aforesaid.