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2014 Supreme(Ker) 167

T.R.RAMACHANDRAN NAIR, K.ABRAHAM MATHEW
N. Raveendrananthan Nair – Appellant
Versus
Vijayakumar – Respondent


Advocates appeared:
For the Appellants:G.P. Shinod, G. Ram Mohan, V. Manu, Advocates.
For the Respondent:V.V. Asokan, Sr. Advocate, Rinny Stephen Chamaparampil, Asha Elizabeth Mathew, Advocates.

Judgment :

Ramachandran Nair, J.

1. This appeal is filed by the defendants in a suit for realisation of money on the basis of a promissory note.

2. According to the plaintiff, the son-in-law of appellant No.1, Mr. Anil Prasad as well as the plaintiff were personally known to each other for so many years. By using the said acquaintance, in February 1999 the appellants approached the plaintiff/respondent and demanded an amount of Rs.2 lakhs for discharging certain debts of said Shri Anil Prasad. The respondent/plaintiff arranged an amount of Rs. 1,85,000/-and gave it to the defendants on 8.2.1999. On receipt of the amount, the appellants executed a promissory note in favour of the respondent in own handwriting of appellant No.2 agreeing to repay the amount on demand. The amount was not repaid inspite of demand. A notice was issued on 20.4.1999 through his lawyer and even though it was accepted, they did not send any reply or repay the amount. Accordingly, the suit was filed for realisation of the said amount with interest totalling to Rs.2,10,428/-.

3. In the written statement filed by the defendants, it was contended that the first appellant is not the father-in-law, but the fathe








































































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