SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1990 Supreme(Mad) 362

BELLIE
G. R. Krishna – Appellant
Versus
S. K. Venkatachalam – Respondent


JUDGMENT

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


















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top