JUDGMENT :

Ashok S. Kinagi, J.

1. This second appeal is filed by the appellant challenging the judgment and decree dated 27.11.2014, passed in R.A.No. 598/2014 (Old No. 32/2011) by the Fast Track Court, Hunsur and the judgment and decree dated 25.01.2011, passed in O.S.No. 01/2010 by the Civil Judge & JMFC, Hunsur.

2. Parties are referred to as per their ranking before the trial Court. The appellant is the defendant and respondent is the plaintiff.

3. The brief facts leading rise to filing of this appeal are as under:

Plaintiff filed a suit for recovery of money against the defendant. The defendant approached the plaintiff for financial assistance. The plaintiff, considering the need of the defendant, agreed to advance a sum of Rs.60,000/- and the defendant agreed to pay minimum rate of interest at the rate of 18% p.a. The defendant executed a demand promissory note and receipt for having received the amount. It is contended that the defendant neither paid the principle amount nor the interest. The plaintiff got issued legal notice calling upon the defendant to repay the loan amount with interest. The said notice was served on the defendant. Inspite of service of notice, the defendant did not repay the said loan amount. Hence cause of action arose for the plaintiff to file the suit for recovery of money.

4. Defendant filed written statement contending that the plaintiff and her husband are notorious for concocting documents for filing suits for recovery of money. It is contended that the defendant has not borrowed any amount from the plaintiff as alleged in the plaint. It is further contended that the plaintiff and her husband have indulged in illegal acts with the villagers and they have filed a complaint against the plaintiff and her husband. Rest of the allegations made in the plaint are denied by the defendant and sought for dismissal of the suit.

5. The Trial Court, on the basis of the above said pleadings, framed the following issues:

(1) Whether the plaintiff proves that the defendant has borrowed a sum of Rs.60,000/- @ 18% interest per annum for his legal necessities and executed alleged On demand pronote & consideration receipt on 01.12.2008?

(2) Whether the plaintiff further proves that despite of several request and demands the defendant has not repaid the said amount?

(3) Whether the plaintiff is entitled to relief as sought for?

(4) What order or decree?

6. In order to prove the case of the plaintiff, plaintiff examined herself as PW-1 and two witnesses as PW-2 & PW-3 and got marked 6 documents as Exs.P1 to P6. Defendant examined himself as DW-1 and got examined one witness as DW-2 and got marked 3 documents as Exs.D1 to D3. The trial Court after considering the oral and documentary evidence of the parties, answered issue Nos.1 to 3 in the affirmative and issue No. 4 as per the final order. The trial Court decreed the suit of the plaintiff with costs. It is ordered and decreed that the plaintiff is entitled for claim amount of Rs.70,000/- along with interest at the rate of 15% p.a. from the date of the suit till its realization and directed the defendant to pay the decreetal amount to the plaintiff.

7. The defendant aggrieved by the judgment and decree passed in the above said suit, filed an appeal in R.A.No. 598/2014 (old No. 32/2011). The First Appellate Court, after hearing the parties, has framed the following points for consideration:

(1) Whether the judgment and decree passed by the trial Court is erroneous, illegal, perverse and not sustainable in law and called for interference of this Cou