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2004 Supreme(Mad) 1530

N.V.BALASUBRAMANIAN, R.BANUMATHI
Kalaimani & Another – Appellant
Versus
Chinnapaiyan alias Perumal Gounder – Respondent


Advocates Appeared: For The Appellants:D.J.Venkatesh, M/s. V. Raghavachari, Advocates. For The Respondents:R. Aravind, Perumpulavil Radhakrishnan, Advocates.

Judgment :-

R. Banumathi, J.

This Appeal is at the instance of the unsuccessful Defendants in O.S.No.5 of 1987 on the file of Sub-Court, Vridhachalam. Aggrieved over the Judgment and Decree of the Money Suit dated 10.04.1989, the Defendants have preferred this Appeal.

2. For convenience, parties would be referred to as they were arrayed in O.S.No.5 of 1987 on the file of Sub-Court, Vridhachalam.

3. The Plaintiff filed the Suit on Promissory Note. The Defendants are Father and Son. Case of the Plaintiff is that the Defendants have borrowed a sum of Rs.25,000/- and executed the Suit Promissory Note on 11/09/1984 at Manmalai Village, agreeing to repay the same with interest at the rate of 12% per annum. In spite of repeated demands, issuance of Legal Notice dated 07.04.1986, the Defendants have not repaid the amount. The Defendants have only sent the Reply dated 17.04.1986, containing false allegations to defraud the claim of the Plaintiff. Hence, the Suit.

4. Denying the execution of the Promissory Note, the Defendants have filed the Written Statement alleging that the Defendants have sold their lands to one Muruga Gounder. The Plaintiff has asked the Defendants to sell their lands to h


























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