BELLIE
G. R. Krishna – Appellant
Versus
S. K. Venkatachalam – Respondent
Bellie, J.
1. The plaintiff who lost his case for recovery of a sum of Rs. 18,705 in the trial Court is the appellant in this appeal.
2. His case is as follows:
The first defendant was due to the plaintiff a sum of Rs.15,000 and in respect thereof he executed a promissory note Ex.A.4 in favour of the plaintiff on 1.12.1971 repayable with interest thereon at 12 per cent per annum. On the same day with intent to create a security for the said debt the first defendant deposited title deed of the properties, Ex. Al--Registration copy of a Partition deed, with the plaintiff at Coimbatore and he also gave a memorandum in writing Ex.A.5 detailing the particulars of the document deposited. Inspite of demands the first defendant failed to pay the amount. The second defendant obtained a decree against the first defendant on the foot of an alleged mortgage in O.S. No. 211 of 1973 and the third defendant has purchased the property from the first defendant on 21.11.1973 and therefore these two defendants have been impleaded.
3. The first defendant in his written statement admitted execution of a promissory note in favour of the plaintiff as alleged but contended that it is not supported by
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