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2016 Supreme(Mad) 3811

N.SATHISH KUMAR
Gowri – Appellant
Versus
P. S. Thiyagarajan – Respondent


Advocates:
Advocate Appeared:
For the Defendants : Set Exparte

JUDGMENT :

The suit has been filed for recovery of a sum of Rs.28,00,000/- together with interest at the rate of 18% p.a for Rs.22,00,000/- from the date of plaint till the date of realisation.

2. The brief facts of the case of the plaintiff are as follows:

The defendant is a close relative of the plaintiff, who has borrowed a sum of Rs.25,00,000/- from the plaintiff for purchase of the property. He has acknowledged the receipt of a sum of Rs.25,00,000/- in the Memorandum of understanding executed by him on 28.11.2008. He undertook to pay the said sum of Rs.25,00,000/- with interest on or before 10th day of every month without fail. Besides he also borrowed another sum of Rs.3,00,000/- from the plaintiff. But the same was purposely omitted to be mentioned in the Memorandum of agreement. The interest rate also conveniently mentioned in the agreement by the defendant. The defendant had paid a sum of Rs.6,00,000/- towards the principal and interest thereon as part payment on 25.12.2009. Thereafter, since the defendant defaulted the payment, the plaintiff has filed the present suit.

3. The defendant remained ex parte. The plaintiff was examined as P.W.1 and Exs.P1 and P2 were marked. P.W.1





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