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1996 Supreme(Mad) 239

RAJU
Kangan – Appellant
Versus
Kannammal and Others – Respondent


Advocates:
R.V.Jayakumar for T.R. Rajaraman, for Appellant. R.Muthukumaraswamy, Government Pleader, Amicus Curiae.

Judgment :

The above second appeal has been filed by the first defendant, who failed throughout, against the judgment and decree of the learned District Judge, West Thanjavur, dated 30.11.1981 in A.S. No.27 of 1981 confirming the judgment and decree of the learned District Munsif, Thanjavur, dated 24. 1981 in O.S. No.439 of 1980.

2. First respondent- plaintiff filed the suit on a promissory note dated 5. 1970 said to have been executed by the first defendant- appellant and others for recovery of a sum of Rs.4,900 being the principal amount due. The case of the plaintiff in the trial court was that the first defendant, his father Kulandaivelu and one Kulandai Servai jointly executed the promissory note in question for a sum of Rs .5,000 on 5. 1970 for valuable consideration received by them, that except the first defendant, the other two persons died in 1974, that defendants 3 and 4 are the heirs of Kulandai Servai, that defendants 1 and 2 are the heirs of Kulandaivelu, that on 4. 1973 a sum of Rs.100 has been paid, that the said payment has been endorsed on the promissory note, which has been marked as Ex.A-2 and which has also been signed by the first defendant, that the defendant























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