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1984 Supreme(Mad) 266

DAVID ANNOUSSAMY
M. M. Roy – Appellant
Versus
N. V. P. Pandian – Respondent


JUDGMENT

David Annoussamy, J.

1. The plaintiff appeals. The suit out of which this appeal arises was laid with the following averments. The defendant is a building contractor known to the plaintiff who appears to be a widow. The plaintiff was making efforts to have her son admitted in the Madras Medical College. The defendant, came forward to help her in having her son admitted in the medical college, if the plaintiff would lend him some money. Accordingly, the plaintiff Parted with Rs."15,000 in all. The seat in the medical college was not secured. The defendant executed an agreement undertaking to pay the money. Since he failed to act as per that agreement, the plaintiff instituted the suit for the refund of the money.

2. The defendant denied totally all the facts, specifically the receipt of money from the plaintiff. He denied also that he had at any time promised to secure a seat for her son in the medical college. He denied also having executed an agreement as alleged in the plaint. He, however, admitted having executed a promissory note on the eve of his son's wedding under coercion.

3. The trial Court gave the following findings (1) The defendant received Rs. 15,000/- and execut










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