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1975 Supreme(Mad) 131

MOHAN
C. Somayya – Appellant
Versus
E. V. Chinniah Konar – Respondent


Advocates:
T.R. Mani, for Appellant; K. Gopalachari, for Respondent.

Judgement

JUDGMENT:- Aggrieved by the decree passed by the courts below in the suit on a promissory note Ex. A-1, the defendant has come up by way of Second Appeal.

2. The allegations in the plaint are that the defendant is a permanent resident of Thevarmbur, Ramnad District. He borrowed a sum of Rs 2,600 upon a promissory note from one Rama Konar of Pillamangalam village for meeting his family and agricultural expenses while he and the said Rama Konar were in India. Subsequently, he went to Singapore and Rams Konar also went there. In Singapore the defendant executed a promissory note on 22-10-1962 affixing Indian stamp and agreeing to repay the said sum with interest at 6 per cent, per annum. In spite of repeated demands, the said amount remained unpaid. Rama Konar having assigned the promissory note to the plaintiff on 1-8-1964, the present suit has come to be filed.

3. In the written statement, the defendant denied the borrowing and the executing of the promissory note in Singapore. His case was that in 1958 itself he left India for Singapore and since then, he had been residing continuously and the amount that was borrowed was in Singapore dollars. It was agreed that the money sh














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