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2014 Supreme(Mad) 3907

P.DEVADASS
Sundarapandian – Appellant
Versus
Muthumari – Respondent


Advocates Appeared:
For the Appellant:S. Ramesh for M/s. V. Raghavacharim, Advocates.
For the Respondents:M.S. Balasubramanian, Advocate.

Judgment

The unsuccessful defendant in O.S.No.10 of 2006 before the first appellate Court in A.S.No.2 of 2008 Additional District Judge (Fast Track Court), Ramanathapuram, is the appellant herein.

2. The second appeal arose under the following circumstances.

3. The appellant/defendant and the respondent/plaintiff are known persons. Plaintiff instituted the suit in O.S.No.10 of 2006 with the allegations that on 19.02.2003, she has advanced Rs.1,00,000/- at 18% interest under Ex.A1 to the defendant. Since no amount was paid inspite of notice under Ex.A2 document, the suit has been filed.

4. The suit has been resisted by the appellant/defendant filing a written statement contending that no amount as alleged was borrowed from the respondent/plaintiff on 19.02.2003. Actually, the defendant's wife Kaliammal on 26.04.1999 borrowed Rs.60,000/- from Muthumari and subsequently, on 30.06.1999 she borrowed Rs.40,000/- and on 21.11.2004, Kaliammal has paid Rs.1,20,600/- to the plaintiff. While the matters stood thus, on 03.12.2004, plaintiff's brother Kottai @ Muniasamy criminally intimidated Kaliammal and thereafter, Kaliammal lodged a police complaint and the police had supported the plaintiff an





































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