JUDGMENT :

PRAYER: This Appeal Suit is filed under Section 96 of Civil Procedure Code, to set aside the judgment and decree dated 27.04.2019 made in O.S.No.82 of 2018 on the file of the learned Principal District Judge, Tiruchirappalli.

Aggrieved over the judgment and decree of the trial Court, decreeing the suit for recovery of money, the present Appeal Suit is filed.

2. The parties are referred to as per their rank before the trial Court.

3. The brief fact, leading to file this appeal, reads as follows:-

The defendant had borrowed a sum of Rs.20,17,000/- (Rupees Twenty Lakhs and Seventeen Thousand Only) from the plaintiff on 04.05.2015 and executed a promissory note, agreeing to repay the same together with interest at the rate of 12% per annum on demand either to the plaintiff or his order. The defendant has paid interest till the date of 04.07.2017, thereafter, failed to pay the amount. As the defendant has evaded the payment, the plaintiff had issued legal notice on 16.04.2018. Despite the notice, no amount has been paid, hence, the suit.

4. Denying the allegations, it is the contention of the defendant that he has involved in Real Estate Business. In this regard, there was a shortage of funds to the tune of Rs.10,00,000/- (Rupees Ten Lakhs Only) payable by the defendant to one R.K.Sivasamy during the beginning of the year 2012. By that time, he had borrowed a sum of Rs.10,00,000/- from one Selvam, who is the relative of the said R.K.Sivasamy, on 02.04.2012 and handed over several promissory notes in blank condition and also original title deeds relating to the property owned by him situated at Mekkudi Village towards security of the due payment. On 06.10.2017, the defendant has repaid the entire loan amount with accrued interest to the said Selvam to the tune of Rs.19,00,000/- (Rupees Nineteen Lakhs Only). After repaying the entire loan with interest, the defendant has requested the said Selvam to return the promissory notes in blank condition and original title deeds relating to the property owned by him. However, the said Selvam has returned only few blank promissory notes and retained some other promissory notes signed by the defendant in blank condition, representing that the said promissory notes were misplaced somewhere and assured that he would return the same. Hence, it is the contention that there is no privity of contract between himself and the plaintiff and the plaintiff has no financial resource to lend such huge amount. After the suit, the said Selvam has also issued legal notice on 28.05.2018, alleging that on 08.11.2015, the defendant has borrowed a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) in urgent needs and executed a promissory note. Hence, it is the contention of the defendant that the plaintiff is stranger to the defendant, he has never seen the plaintiff, the defendant had not borrowed any amount from the plaintiff, hence, prayed for dismissal of the suit.

5. On the basis of the above pleadings, the trial Court has framed the following issues:-

“1. Whether is it true that the defendant has not executed the suit promissory note dated 04.05.2015 in favour of the plaintiff for valid consideration?;

2. Whether the defendant's contention is true that there is no cause of action for the suit?

3. Whether the plaintiff is entitled to relief for recovery of suit amount Rs.22,07,938/- with subsequent interest from the date of filing suit till date of realization?

4. To what any relief the plaintiff is entitled to?”

6. On the side of the plaintiff, P.W.1 and P.W.2 were examined and Exs.A.1 to A.4 were marked. On the side of the defendant, D.W.1 was examined and Exs.B.1 to B.3 were marked. Based on the above materials, the trial Court has decreed the suit in favour of the plaintiff. Against which, the present appeal is filed.

7. The learned counsel appearing for the appellant vehemently contended that though the signature in the promissory note is admitted, the defendant has established in the trial that the plaintif