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2014 Supreme(Mad) 3950

P.DEVADASS
Durairaj – Appellant
Versus
Lakshmi Rajan – Respondent


Advocates Appeared:
For the Appellant:S. Balasubramanian, Advocate.
For the Respondent:S. Meenakshisundaram, Advocate.

Judgment :

With the consent of both sides, this second appeal is taken up for final disposal at the admission stage itself.

2. The unsuccessful defendant in O.S.No.56 of 2009, before the Trial Court/Sub Court, Sankarankovil and before the First Appellate Court/Principal District Court, Tirunelveli, is the appellant herein.

3. The suit in O.S.No.56 of 2009 has been instituted by the plaintiff on the allegation that on 18.01.2007, the defendant borrowed Rs.3,00,000/-from him and promised to repay it within a month, in support of it he has issued Ex.A1 cheque, dated 18.01.2007, drawn on Central Bank of India, Sivagiri Branch, which was issued in the presence of P.Ws.2 and 3 Palanisamy and Kalidoss. However, when the cheque was presented to the bank, it was dishonoured and the plaintiff was informed by the bank under Exs.A2 and A3. Thereafter, in spite of demand, since the amount was not paid, the suit was instituted.

4. The suit has been resisted by the defendant by filing a written statement, containing several allegations. The material aspect of which is that the defendant had intended to purchase the property of plaintiff and Gurusamy on 13.01.2007, sale agreement was entered into






































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