Chinnappa Gounder (Died) vs G. Kandhasamy (Died)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 4393

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SAKTHIVEL
Chinnappa Gounder (Died) – Appellant
Versus
G. Kandhasamy (Died) – Respondent

Advocates Appeared:
For the Appellant : Mr. V. Anandhamurthy
For the Respondents: Mr. A.K. Kumarasamy, Senior Counsel for M/s. S. Kaithamalai Kumaran.

JUDGMENT :

(R. SAKTHIVEL, J.)

This Second Appeal is directed against the Judgment and Decree dated December 16, 2013 passed in A.S.No.77 of 2013 by the 'Principal District Court, Erode' ['First Appellate Court' for brevity], whereby the Judgment and Decree dated June 29, 2012 passed in O.S.No.126 of 2010 by the 'Sub Court, Gobichettipalayam' ['Trial Court' for brevity] was confirmed.

2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

PLAINTIFF'S CASE

3. Case of the plaintiff is that the defendant borrowed a sum of Rs.2,50,000/- from the plaintiff for his cultivation expenses, on January 28, 2008 and executed a Promissory Note in favour of the plaintiff agreeing to repay the same with interest at the rate of Re.1/- per Rs.100/- per month. Despite repeated demands made by the plaintiff, the defendant neither paid interest nor the principal amount. Hence, the plaintiff issued a legal notice on August 11, 2010 and the same was received by the defendant on August 12, 2010. The defendant sent a reply on August 17, 2010 with false averments. Hence, the plaintiff filed the Suit seeking money decree.

DEFENDANT'S CASE

4. The defenda