K. Harilal, J.

1. The appellant is the defendant in O.S. No. 187/2006 on the files of the Munsiff Court, Parappanangadi as well as the appellant in A.S. 105/2008 on the files of the Sub Court, Tirur. According to the plaintiff, the defendant had borrowed a sum of Rs.1,00,000/- from the plaintiff on 30.10.2002 and agreed to repay the amount within a period of two years. The defendant also agreed that if he fails to pay the amount within a period of two years, he will pay interest @ 12% p.a for the amount. The defendant borrowed, the amount in the presence of two witnesses and on that date, the defendant executed Ext.B1 agreement in the presence of witnesses. But the defendant did not pay the amount as agreed and therefore, the plaintiff demanded for return of the amount with interest. Though, the plaintiff caused to issue a lawyers notice to the defendant, the same was returned unserved. Thus, the defendant failed to repay the amount, despite the demand for the same and hence the suit was filed.

2. The defendant in the written statement denied the execution of Ext.A1 agreement and he contended that he never borrowed a sum of Rs.1,00,000/- from the plaintiff and he does not k