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1997 Supreme(Mad) 656

A.RAMAN
Murugesan – Appellant
Versus
Subramania Gounder and others – Respondent


Advocates:
Ms. S. Mala for Mr. P.S. Srisailam, Advocate for Appellant. Mr. S. Sounder for Mr. T. Murugamanickam for Respondents.

Judgment :

1. This appeal by the plaintiff is directed against the judgment and decree of the Prl. District Judge, Erode made in A.S.No.188 of 1982 on 30.4.1983.

2. The plaintiff filed a suit on a promissory note contending as follows:-

The defendants borrowed a sum of Rs. 5,000 from Chennimalai Gounder and executed a promissory note in his favour on 28. 1975 promising to repay the said sum with interest to him or his order on demand Chennimalai Gounder died on 15. 1979. His wife and parents predeceased him. His daughters died issueless. Ponnuswamy Gounder is the brother of Chennimalai Gounder and Meenakshi Ammal is the sister of Chennimalai Gounder. Ponnuswamy Gounder died in 1977. Therefore Meenakshi Ammal is the only sole surviving heir of Chennimalai Gounder. She as the sole surviving heir inherited all the properties of Chennimalai Gounder inclusive of the suit mentioned debts. On 6. 1976 Meenakshi Ammal assigned the suit promissory note for valuable consideration in favour of the plaintiff. Therefore the plaintiff has become entitled to the suit claim. Since the defendants did not pay the amount due, the plaintiff issued a notice calling upon the defendants to repay the am













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