JUDGMENT :

Prayer : Appeal Suit filed under Section 96 r/w Order 41 R 1 and 2 of Civil Procedure Code against the judgment and decree, dated 30.08.2011 in O.S.No.3 of 2010 on the file of the learned I Additional District Judge, Salem.

A. The Appeal Suit :

This Appeal Suit is filed against the judgment and decree, dated 30.08.2011 in O.S.No.3 of 2010 passed by the learned I Additional District Judge, Salem, in and by which, the suit filed by the plaintiff was decreed directing the defendants to pay into the Court a sum of Rs.12,38,161.75 ps with interest on principal sum of Rs.4,00,000/- at the rate of 6% per annum from the date of plaint till the date of realisation and in default of payment, the plaintiff can apply for sale of the mortgaged property and that the money be realised by the same.

B. The Plaint :

2. The case of the plaintiff is that the defendants 1 and 2 borrowed a sum of Rs.1,00,000/- from the plaintiff on 15.06.1999 for their urgent business expenses and executed a promissory note in favour of the plaintiff agreeing to repay the same with interest at the rate of 24% per annum. Again on 20.09.1999, the defendants 1 and 2 had further borrowed another sum of Rs.3,00,000/- f