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1986 Supreme(Mad) 288

SWAMIKKANNU
T. A. Umapathy and Another – Appellant
Versus
T. A. Masilamani – Respondent


Advocates Appeared:T. D. Vasu, K. Doraiswami, P. Sathasivam, J. Ganesan, J.A.K. Jambukumar, V.C. Palaniswamy, V.C. Palaniswamy, E. Padmanabhan, S. Vadivel, Advocates.

Judgment :-

This is an appeal by the defendants to the suit, O.S. No. 364 of 1975 on the file of the Subordinate Judge of Salem, filed by the respondent herein on a promissory note, which was decreed as prayed for by the trial Court. The respondent laid the suit for recovery of a sum of Rs. 12,931/- due on Exhibit A-9, the suit promissory note dated 12-2-1973 executed by the appellants-defendants in favour of one Kandaswami Gounder of Peramampalayam for Rs. 10,000/. Exhibit A-1 is the endorsement of assignment dated 15-5-1975 made on the reverse of the promissory note by the said Kandaswami Gounder in favour of the respondent herein after receiving the consideration due under the promissory note. The case of the plaintiff-respondent was that the appellants borrowed Rs. 10,000/- from the promisee, Kandaswami Gounder, on 12-2-1973, for their family necessity and for their lorry business expenses and executed the promissory note for the said sum agreeing to pay back the same with interest at 12 per cent per annum to the promisee or his order.

The appellants had not paid any amount towards the debt in spite of demands by the promisee. The promisee, Kandaswami Grounder, endorsed the prom
































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