JUDGMENT :

(Prayer: Second appeal filed under Section 100 of C.P.C., against the decree and judgment of the Principal District Judge, Thanjavur passed in A.S.No.5 of 2008 dated 19.12.2008 reversing the decree and judgment of the Additional Subordinate Judge, Thanjavur passed in O.S.No.116 of 2006 dated 07.01.2008.)

1. This second appeal arises out of a money suit. According to the plaintiff, the defendant availed cash loan from him by executing a promissory note and that he failed to repay the same even after receiving the suit notice. The suit was filed to recover the amount with interest. The trial court decreed the suit. The first appellate court reversed the decision of the trial court and dismissed the suit after holding that presumption under Section 118 of the Negotiable Instruments Act, 1881 could not be invoked when the transaction did not conform to the mandate set out in Section 269SS of the Income Tax Act, 1961.

2. The second appeal was admitted on the following substantial questions of law :

“1.Whether the finding of the first appellate court that the plaintiff is not entitled to recover the suit amount on the basis of Ex.A1 promissory note is perverse ?

2. Whether the plai