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2014 Supreme(Mad) 4051

P.DEVADASS
Logarani – Appellant
Versus
Kubenthiran – Respondent


Advocates Appeared:
For the Appellant:J. Gunasheelan Muthiah, Advocate.
For the Respondent:D. Rajkumar for G.R. Swaminathan, Advocates.

Judgment :

This Second Appeal arises out of a simple money suit in O.S.No.66 of 2004, instituted in the Court of learned Subordinate Judge, Uthamapalayam. The defendant is the appellant.

2. The life history of the Second Appeal proceeds on the following lines.

3. Plaintiff advanced a loan of Rs.50,000/-to the defendant on 23.03.2002. Defendant executed in his favour Ex.A.1 suit promissory note dated 19.06.1999. Since the amount was not paid, plaintiff issued her Exs.A.2 and A.3, lawyer's notices. But, no reply, no money. So, this suit for recovery of money.

4. This money claim has been opposed by the defendant by filing a written statement.

5. The plea in the written statement proceeds on the following lines.

6. Defendant borrowed money from Thavamani, her husband's brother Rasu Thevar and his wife Rajathi under a mortgage bond dated 21.10.1999. Defendant was paying the interest. But they did not give her any receipt. Further, on the instruction of Raju Thevar, defendant paid Rs.1,50,000/- towards the principal to Raju Thevar's daughter and son-in-law, namely, Ananthi and Jeyakumar. However, no receipt was given. Since from November, 2001 payment of interest was pending, during


























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