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2011 Supreme(Mad) 3059

R.S.RAMANATHAN
Kuppayammal – Appellant
Versus
A. Sitheswaran – Respondent


Advocates Appeared:
K.Vasu Venkat, S.V.Jayaraman, T.Chanasekaran

JUDGMENT

( 1. ) THE plaintiff in all the suits is the appellant.

( 2. ) THE plaintiff in these appeals filed suit on the basis of promissory notes executed by the defendants and the trial Court decreed the suits and the Lower Appellate Court reversed the judgment and decree of the trial Court and allowed the appeals. Hence, these appeals are filed by the plaintiffs.

The case of the plaintiff was that the defendants executed suit promissory notes after receiving consideration stated therein and thereafter, they made one payment and failed to pay the amount due on the promissory notes despite demands and hence, the suits were filed for recovery of the amount.

( 3. ) THE defence of all the defendants was that no consideration was passed under the suit promissory notes and there was a dispute in the family of the defendants and one of the brothers of the defendants by name Palanivel, who is also a respondent, in some of the appeals, borrowed money and for the purpose of defeating the rights of Palanivel, as per the advise given by Muthu Gounder, the plaintiff in O.S.Nos.141 of 1983 and 29 of 1983, these promissory notes were created as if the other defendants borrowed money from the pla































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