M.KARPAGAVINAYAGAM
Mohamed Ali – Appellant
Versus
Abdul Sinab – Respondent
The Judgment was delivered by :
Mohamed Ali, the appellant herein is the defendant in the suit for recovery of money on promissory notes.
2. Abdul Sinab, the responent herein, filed a suit against the appellant contending that he had advanced money by himself to the appellant and he had also got the promissory notes assigned from third parties and those assignors had also advanced money to the defendant/appellant. The trial Court dismissed the suit. However, the lower appellate Court decreed the suit in favour of the plaintiff-respondent. Hence, the present Second Appeal by the defendant/appellant.
3. The case of the plaintiff is this :-
"The defendant obtained a loan of Rs. 9,000/- on 2-10-1988 and another loan of Rs. 9,000/- on 7-10-1988 and executed promissory notes in favour of one Abdul Rafi. On 11-9-1989, the said Abdul Rafi assigned the right of collecting the same on the promissory notes in favour of the plaintiff. The defendant obtained a loan of Rs. 9,000/- on 1-12-1988 and another Rs. 9,000/- on 25-12-1988 from one Mohammed Gani and executed promissory notes. These promissory notes were assigned by the said Mohammed Gani on 23-12-1989 in favour of the plaintiff.
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