IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. Chandrasekharan, J.
Suresh Kumar - Appellant
Versus
Sivagami and ors. – Respondents
S.A.No.821 of 2021 and CMP.No.15880 of 2021
Decided On : 01-02-2022
Second Appeal – Suit for recovery – Suit for recovery – Plaintiffs filed suit for recovery of a sum with future interest at 24% p.a. from date of suit till date of realisation and for costs – Held, In facts and circumstances of this case, it is quite possible that appellant's wife's signatures have been obtained to have a solid and binding evidence for borrowings – It cannot be considered as fraud or material alteration – Court finds that claim of material alteration in Exs.A1 to A7 promissory notes raised by appellant has no evidence to support- Both courts below have appreciated the evidence, applied law and decreed suit – Substantial questions of law are answered – Court confirms judgment and decree of first appellate Court/II Additional District Judge, Vellore in A.S. confirming judgment and decree of trial Court/Subordinate Judge, , in O.S Second Appeal is dismissed with costs of respondents throughout – Dismisses.
JUDGMENT :
Appellant/defendant, who lost the case before the courts below filed this Second Appeal against the judgment and decree of learned II Additional District Judge, Vellore at Ranipet, in A.S.No.7 of 2019 dated 09.11.2020 (A.S.No.9 of 2019 on the file of Principal District Court, Vellore) confirming the judgment and decree of learned Subordinate Judge, Ranipet in O.S.No.233 of 2010 (O.S.No.84 of 2008 on the file of PDJ Court, Vellore) dated 27.10.2017.
2. Respondents/plaintiffs filed the suit for recovery of a sum of Rs.7,99,359/- with future interest at 24% p.a. from the date of suit till the date of realisation and for costs.
3. The case of the respondents, in brief, is as follows:-
The suit was originally filed by one Kathirvelu, husband of first respondent and father of other respondents. Appellant borrowed a sum of Rs.50,000/- from Kathirvelu on 29.07.2005, agreeing to repay the principal with interest at Rs.2/- per hundred per month. He has executed a promissory note shown as 'A' promissory note on the same date. Subsequently also, appellant borrowed the following amounts on the same interest and executed promissory notes. The details of borrowings are as follows:-
| Date of borrowal | Amount borrowed | Date of execution of promissory note |
| 26.05.2006 | Rs.50,000/- | 26.05.2006 - B promissory note |
| 03.06.2006 | Rs.75,000/- | 03.06.2006 - C promissory note |
| 03.06.2006 | Rs.1,50,000/- | 03.06.2006 - D promissory note |
| 03.06.2006 | Rs.75,000/- | 03.06.2006 - E promissory note |
| 03.06.2006 | Rs.50,000/- | 03.06.2006 - F promissory note |
| 09.06.2006 | Rs.75,000/- | 09.06.2006 - G promissory note |
4. After filing the suit, Kathirvelu died and his legal heirs are impleaded as plaintiffs 2 to 5. Defendant had not paid any amount towards principal or interest inspite of repeated demands. He issued legal notice dated 27.06.2008 with an ulterior motive. Plaintiff sent a reply dated 14.07.2008 calling upon the defendant to pay the amount due under 'A', 'B', 'C', 'D', 'E', 'F', and 'G' promissory notes. Even thereafter, defendant has not paid any amount. Therefore, this suit was filed.
5. Appellant/defendant filed written statement denying the borrowal and execution of promissory notes as claimed in the plaint. It is the case of the appellant that in June 2005, he borrowed a sum of Rs.5,25,000/- from the plaintiff, agreeing to repay the amount with interest at Rs.2/- per hundred per month. But he did not execute any promissory note in favour of the plaintiff as mentioned in the plaint. He discharged his dues to the plaintiff as follows:-
| Sl.No. | Date on which amount paid and plaintiff signed | Amount paid |
| 1 | 04.08.05 | Rs.4,500/- |
| 2 | 13.08.05 | Rs.1,500/- |
| 3 | 21.08.05 | Rs.1,000/- |
| 4 | 24.08.05 | Rs.1,000/- |
| 5 | 28.08.05 | Rs.2,000/- |
| 6 | 03.09.05 | Rs.1,000/- |
| 7 | 05.09.05 | Rs.1,000/- |
| 8 | 08.09.05 | Rs.1,000/- |
| 9 | 15.09.05 | Rs.1,000/- |
| 10 | 22.09.05 | Rs.1,000/- |
| 11 | 17.09.05 | Rs.1,000/- |
| 12 | 01.10.05 | Rs.10,000/- |
| 13 | 07.10.05 | Rs.1,000/- |
| 14 | January,06 | Rs.1,000/- |
| 15 | January,06 | Rs.1,000/- |
| 16 | February,06 | Rs.1,000/- |
| 17 | March, 06 | Rs.1,00/- |
|
|
| 40,000.00 |
| 18 | By cash in December, 2005 | 50,000.00 |
|
|
| 90,000.00 |
| 19 | Bulb ....... 576 | 4,268.00 |
| Dhal ....... 680 | ||
| Canteen .... 662 | ||
| Cash ....... 70 | ||
| Chain ...... 330 | ||
| Kammal ...1850 | ||
| Cut-note ... 100 | ||
|
| So, total ..Rs. | 92,700.00 |
|
| Total amount paid | 96,968.00 |
He paid a sum of Rs.1,75,000/- on 03.06.2006 and Rs.75,000/- on 08.06.2006. Totally, He paid a sum of Rs.2,50,000/- and that two promissory notes are in the custody of defendant. Promissory notes marked as 'C' and 'D' are not true and they are forged documents. Plaintiff filed a complaint before Crime Branch at Vellore. The DGP enquired the matter and the defendant paid Rs.55,000/- to the pla
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