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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice N. Sathish Kumar, J
L. Saraswathi W/o. Loganathan – Appellant
Versus
G.Saraswathi, W/o. Late. Govindasamy – Respondent
JUDGMENT :
This Appeal Suit has been filed, challenging the judgment and decree dated 28.10.2021 in O.S.No.347 of 2015 passed by the learned V Additional District Court, Coimbatore, dismissing the suit filed for recovery of money based on the promissory note dated 12.06.2012.
2. The parties, hereinafter arrayed at as their own ranking before the trial Court.
3.The brief facts of the plaintiff's case are as follows:
The defendant's son, one Sukumar has borrowed a sum of Rs.9,00,000/- on 12.06.2012 from the plaintiff and executed a pro-note agreeing to pay interest @ 12% per annum. The said Sukumar died two years back leaving behind the defendant alone as his sole legal heir. Therefore, the plaintiff issued a legal notice to the defendant on 10.01.2015. However, the same was rejected. It is the contention of the defendant that his son had never borrowed any amount from the plaintiff at any point of time. In fact, the property has already been mortgaged by the said Sukumar with a Bank and half of the property was sold away to settle the Bank loan. It is also the contention of the defendant that the signature of the Sukumar has been forged and filed the suit after the death of Sukumar and
The execution of a promissory note must be proven for the legal presumption of consideration to apply; failure to establish execution results in dismissal of the claim.
Non-examination of witness to pro-note cannot be held against plaintiff when there are concurrent findings of facts recorded by two Courts on execution of pro-note by defendant in favour of plaintiff....
The presumption of validity under Section 118 of the Negotiable Instruments Act requires defendants to provide evidence to rebut the execution of a promissory note once established by the plaintiff.
The burden of proof lies with the plaintiff to establish the execution of the promissory note and passing of consideration, and the credibility of witnesses and consistency of evidence are crucial in....
The presumption under Section 118 of the Negotiable Instruments Act arises when execution of a promissory note is established, placing the burden on the defendant to disprove the transaction.
The main legal point established in the judgment is the presumption of consideration under Section 118 of the Negotiable Instruments Act and the burden of proof on the defendant to rebut this presump....
The presumption of consideration applies to promissory notes once execution is admitted, placing the burden on the defendant to prove otherwise.
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