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1997 Supreme(Mad) 392

A.R.LAKSHMANAN, RAMAN
K. M. M. Kadar Hussain – Appellant
Versus
O. M. R. Selvaraj and others – Respondent


Advocates:
T.R. Mani, Senior Counsel for Appellant. Sethurathinam, Senior Counsel for Respondents.

Judgment :-

A.R. Lakshmanan, J.

This Letters Patent appeal filed under clause 15 of the Letters Patent, is directed against the judgment and decree of a learned single Judge of this Court dated 20.4.1992, confirming the judgment and decree of the Subordinate Judge, Erode in O.S.No.115 of l976.

2. The plaintiff, who lost before the trial Court and also before the learned single Judge of this Court, has filed the suit for recovery of Rs.32,644 with interest and for costs, against the 1st defendant personally and against the joint family assets in the hands of the defendants.

3. According to the appellant, the 1st respondent executed Ex.A-1 promissory note for Rs.15,000 in favour of one Ranganayagi, wife of S.Ganapathi of B.P.Agraharam village, Erode Taluk on 9. 1970, promising to repay the said sum either to the said Ranganayagi or her order on demand with interest at 21.60 per cent per annum and that the 1st defendant has paid a sum of Rs.500 towards interest on 4. 1973 and made an endorsement to that effect on the back of the promissory not and thereafter did not pay the balance amount due on the said promissory note. According to the appellant/plaintiff, respondents 1 and 2 const























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