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2017 Supreme(Mad) 2639

PUSHPA SATHYANARAYANA
Madasamy – Appellant
Versus
Mariappan – Respondent


Advocates Appeared:
For the Petitioner: Mr. H. Arumugam
For the Respondent: Mr. S. Meenakshi Sundaram Senior counsel for Mr. R. Manimaran

JUDGMENT :

1. The appellant herein is the unsuccessful defendant in a suit for declaration of money based on the promissory notes and mortgage deed. There are totally three transactions involved in the suit. The transactions supported by Exs.A1 and A2 are not in dispute, as the defendant himself conceded to the execution of the same. The dispute is only with respect to Ex.A3, dated 29.06.2001, which is a promissory note, alleged to have been executed by the defendant in favour of the plaintiff for a sum of Rs.50,000/- . The execution of Exs.A1 and A2 are in the year 1995 and the execution of Ex.A3 is in the year 2001. The defendant/appellant has categorically denied his signature on Ex.A3, though he has admitted his signatures on Exs.A1 and A2. The trial Court had compared the signatures found on Exs.A1, A2 and A3, and held that the claim of the defendant is bona fide, as the signature found on Ex.A3 is different from the admitted signatures on Exs.A1 and A2. On the basis of the same, the suit was dismissed regarding the claim based on Ex.A3. On appeal, the suit was decreed reversing the finding of the trial Court.

2. Heard the learned counsel appearing for the appellant and the lear










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