JAGADISAN
Thirumalai Iyengar – Appellant
Versus
Subba Raja – Respondent
The defendant in O.S. No. 77 of 1955 on the file of the Court of the Subordinate Judge of Ramanathapuram at Madurai has filed this appeal challenging the correctness of the decree against him for recovery of the sum of Rs. 6,125-10-9 with interest thereon at 5 per cent. per annum from 16th August, 1955, the date of suit, till payment. The plaintiff, the respondent in this appeal, claimed to be the assignee of a promissory note alleged to have been executed by the defendant and his wife, Kothaiammal in favour of one Ramaswami Raja, the younger brother of the plaintiff, for a consideration of a sum of Rs. 5,500. Kothaiammal was dead and the defendant alone was impleaded as a party to the suit. He denied that either himself or his wife executed the suit promissory note which he characterised as a forged document. He however admitted that on 13th November, 1950 the date of the suit promissory note, he executed a promissory note in favour of Ramaswami Raja for a sum of Rs. 500 and that promissory note was discharged by his executing an othi document in favour of the plaintiff and his brother Chinnaswami Raja wherein the promissory note amount was adjusted and given credit to.
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