JUDGMENT

This appeal is filed by the plaintiff in O.S.No. 150 of

1994 on the file of the Sub Court, Pathanamthitta. The respondent is the defendant in that suit. That is a suit for realisation of money.

2. The case of the plaintiff is briefly as follows. On

25.5.1991, the defendant approached the plaintiff and requested for a personal loan of Rs.30,000/- for his business purposes. The plaintiff paid Rs.30,000/- to the defendant on 1.6.1991. As per the terms of the loan transaction, the amount was repayable within three months from the date of payment of the amount. In order to ensure the repayment, the defendant executed a receipt in favour of the plaintiff, termed as a Promissory Note, on the same day on a non-judicial stamp paper worth Rs.10/- Simultaneously, the defendant also issued a cheque dt.2.9.1991 for Rs.30,000/- drawn on the State Bank of Travancore, Kozhencherry to the plaintiff, which was dishonoured when presented for encashment. The defendant orally agreed to repay the loan amount with 12% interest. Inspite of repeated demands and notice, the defendant did not repay the amount. Hence the plaintiff filed the suit.

3. The defendant filed written statement and contended that