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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N. SESHASAYEE, P.VADAMALAI
R. Singaravadivelan – Appellant
Versus
Durai Senthil – Respondent
JUDGMENT :
P. VADAMALAI, J.
This Appeal Suit is directed against the judgment and decree passed in O.S.No.42 of 2018 on the file of the learned III Additional District Judge, Thanjavur at Pattukottai.
2. The appellant is the defendant in O.S.No.42 of 2018 on the file of the III Additional District Court, Thanjavur at Pattukkottai. The respondent is the plaintiff in that suit.
3. The respondent/plaintiff filed the suit in O.S.No.42 of 2018 for recovery of money based on Ex.A.1- Promissory Note, dated 06.05.2015 against the appellant/defendant. The appellant/defendant contested the suit. The suit was decreed in toto by the trial Court.
4. For the sake of convenience, the parties are referred to as per their rank before the trial Court.
5. The brief facts are as below:
(a) The case of the plaintiff is straightforward, wherein he alleged that the defendant was engaged in the business of film distribution, that on 06.05.2015, he had borrowed Rs.55,00,000/- (Rupees Fifty Five Lakhs Only) from him for his business purposes under Ex.A.1 - Promissory Note, dated 06.05.2015. He made repeated demands for the repayment of the sum and the defendant evaded repayment. Eventually, the plaintiff issued Ex
Execution of a promissory note raises a presumption of consideration; failure to rebut this presumption results in liability for the debt.
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 burden of proof to disprove the existence of consideration for a negotiable instrument lies with the Defendant, and the Plaintiff is entitled to the benefit of presumption under Section 118 of th....
The presumption of consideration under Section 118(a) of the Negotiable Instruments Act applies when the execution of a promissory note is admitted, shifting the burden to the defendant to prove non-....
The presumption of consideration under Section 118 of the Act is a statutory presumption and unless it is rebutted, it has to be presumed that consideration has passed.
Presumption of validity under Section 118 of the Negotiable Instruments Act remains unrefuted by the defendant, affirming enforceability of promissory note despite claims of fabrication.
The presumption of consideration under Section 118 of the Negotiable Instruments Act is rebuttable, and the defendant can discharge the burden of proof by demonstrating the improbability of considera....
The appellate court found the promissory note invalid due to lack of consideration and conflicting evidence, leading to the dismissal of the plaintiff's suit.
The court found the plaintiff failed to establish the execution of the promissory note, concluding the presumption of consideration under Section 118 of the Negotiable Instruments Act could not be in....
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