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2004 Supreme(Mad) 1574

S.SARDAR ZACKRIA HUSSAIN
Ayyakannu Gounder – Appellant
Versus
Virudhambal Ammal – Respondent


Advocates Appeared: For The Appellant:V.Raghavachari, Advocate. For The Respondents:P.V.Rajeswari, J.Juliet Pushpa, Advocates.

Judgment :-

The defendant in O.S.Nos.117 of 1988 and 130 of 1988 on the file of the District Munsif Court, Thirukoilur, who was unsuccessful before the first Appellate Court, has filed both these appeals.

2. The parties are described as per their rankings in the suits.

3. The respondent/plaintiff filed both the suits to recover the amount due on the suit promissory notes.

4. As per plaint in O.S.No.117 of 1988, it is the case of the plaintiff that the defendant on borrowing a sum of Rs.8,500/- from Rammohan Mudaliar's wife Mallika Ammal of Madavilakam village, Thirukoilur Taluk, who is the daughter-in-law of the plaintiff, executed a promissory note in that suit on 9.2.1985 agreeing to repay the same with interest at 12% per annum. The said Mallika Ammal assigned the suit promissory note in favour of the plaintiff on 7.1.1988 after receiving the principal and interest due on the said promissory note. Despite several demands and in spite of the lawyer notice dated 21.1.1988, which was received by the defendant, the amount due was not paid. Since the defendant is an agriculturist, the suit O.S.No.117 of 1988 was filed claiming the amount due with future interest at 9% per annum.

5. Th
































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