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HIGH COURT OF KERALA
M.A. ABDUL HAKHIM, J
MAYAKUMARI – Appellant
Versus
LATHA K.R – Respondent
| Table of Content |
|---|
| 1. recovery of amount based on cheque evidence. (Para 1 , 2) |
| 2. obtaining the evidence of execution as a rebuttal. (Para 4 , 6) |
| 3. trial court's appreciation of evidence affirmed. (Para 5 , 7) |
| 4. appeal dismissal as final conclusion. (Para 8) |
JUDGMENT
1. The defendant in a suit for recovery of money is the appellant. The respondent/plaintiff filed the suit on the strength of Exts.A1 to A3 cheques. The said cheques were for Rs.1,25,000/- Rs.1,00,000/- and Rs.1,00,000/-. The plaintiff filed the suit claiming the said amount with interest totaling Rs.3,71,000/- with further interest.
2. The Trial Court decreed the suit for an amount of Rs.3,71,000/- with 12% interest per annum on the amount of Rs.3,25,000/- from the date of the suit till realisation from the defendant. Though the defendant filed appeal before the First Appellate Court, the same was dismissed confirming the judgment and decree of the Trial Court.
3. I heard the learned counsel for the appellant Sri.Sreejith.S.
4. The learned counsel for the appellant contended that since the execution of Ext.A1 to A3 cheques is denied, the plaintiffs ought to have adduced evidence to prove the execution of the said documents. T
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