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2005 Supreme(SC) 1629

S.N.VARIAVA, H.K.SEMA
G. PANKAJAKSHI AMMA – Appellant
Versus
MATHAI MATHEW – Respondent


Advocates Appeared:
For the Appellant : M.T. George,
For the Respondent: T.G. Narayanan Nair and K.V. Sreekuma

ORDER

1. Heard learned Counsel for the parties for about an hour.

2. The Appeals are disposed of in terms of the signed order.

3. There will be No. order as to costs.

4. These Appeals are against the judgment of the High Court of Kerala dated 5th January, 1998.

5. Briefly stated the facts are as follows:

The 1st Respondent filed, against the Appellants, two suits being Original Suit No. 6 of 1982 and Original Suit No. 48 of 1982 for recovery of a sum of Rs. 2,56,000/- with interest thereon. These two suits were filed on the basis of five promissory notes which are dated 17.12.1979, 16.1.1980, 14.2.1980, 17.3.1980 and 10.4.1980. These promissory notes were for sums of Rs. 56,000/-, 50,000/-, 50,000/-, 50,000/- and 50,000/- respectively.

6. The Appellants claimed that there were chit fund transactions between them and the Respondents. The Appellants claimed that in respect of the chit fund transactions, a large number of blank documents were got signed from them. Their defence was that apart from monies received under the chit fund transactions No. other amounts were received by the Appellants. The Appellants admitted that in the chit fund transactions a sum of approximately Rs. 25,000/-rem









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