G.JAYACHANDRAN
K. Selvaraj – Appellant
Versus
K. Tamilselvan – Respondent
JUDGMENT :
Prayer: Appeal Suit has been filed under Section 96 of the Civil Procedure Code, 1908 against the judgment and decreed dated 09.01.2019 made in O.S.No.40 of 2011 on the file of the learned Principal District Court, Namakkal.
1. The appellant is the defendant in the suit. The suit was for recovery of money based on pronote dated 10/08/2008 for a sum of Rs.9,50,000/-. The Trial Court decreed the suit directing the defendant to pay the suit amount Rs.12,47,983/- with subsequent interest at the rate of 9% per annum for the principle amount Rs.9,50,000/- from the date of decree.
2. The case of the plaintiff is that, the defendant borowed Rs.9,50,000/- to meet out his urgent business and family expenses and promised to repay it on demand with 12% interest per annuam. Also, he executed a pronote Ex.A-1 in the presence of witnesses. In spite of several demand, the defendant failed to repay the promised amount.
3. The defendant denied the suit claim stating that the said pronote was actually signed and given to one Ramasamy during the period 1991-1998 as security for the loan, he availed from Ramasamy for his lorry transport business. He cleared the loan of Rs.30,000/- in the year 19
Bharat Barrel & Drum Manufacturing Company v. Amin Chand Payrelal reported in (1999) 3 SCC 35
John K. John v. Tom Varghese and another reported in (2007) 12 SCC 714
Kumar Exports v. Sharma Carpets reported in (2009)2 SCC 513
John K. Abraham v. Simon C. Abraham and another reported in (2014) 2 SCC 236
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