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1980 Supreme(Mad) 281

ISMAIL, NAINAR SUNDARAM
K. Appa Rao – Appellant
Versus
V. L. Varadaraj – Respondent


Judgement

NAINAR SUNDARAM, J.:- The defendant in C.S. No. 81 of 1968 on the original side of this court is the appellant in this appeal. The respondents are the legal representatives of the deceased plaintiff who died pending the suit. The deceased plaintiff laid the suit for the recovery of the amounts due on a promissory note, marked in this case as Ex. P. 1 dated 27-3-1967 executed by the defendant for a sum of Rs. 49671 with interest thereon at 10 ½ per cent per annum. The defendant contended in the main that he had several money dealings with the deceased plaintiff from the year 1945; that the deceased plaintiff had been a professional money lender, that he had been charging interest on arrears of interest due on each loan advanced by him under a promissory note and taking renewal promissory notes for the total amount including compound interest every two or three years; that for the suit promissory note, the actual amount borrowed by him was only Rs. 17300, under four promissory notes, viz., Rs. 4000/- on 4-4-1955, Rs. 10000 on 18-11-1955, Rs. 1700 on 1-4-1958 and Rs. 1600 on 7-8-1961, that these promissory notes were renewed by three promissory notes with added interest on 10







































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