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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mohammed Nias C.P., J
Sosamma George – Appellant
Versus
Idikkula Varghese – Respondent
| Table of Content |
|---|
| 1. facts of cheque loan, dishonour, and trial court dismissal. (Para 2 , 3 , 4 , 5 , 6) |
| 2. appellants argue presumption and rebuttal failure. (Para 7 , 8) |
| 3. respondents highlight inconsistencies and initial burden. (Para 9 , 10 , 11) |
| 4. court finds evidence variance rebuts ni act presumption. (Para 12 , 13 , 14 , 15 , 16) |
| 5. trial findings upheld; appeal dismissed. (Para 17) |
JUDGMENT
This appeal is preferred against the dismissal of a suit for the realisation of money filed by the original plaintiff, who died pending the suit.
2. The original plaintiff filed O.S.No.21 of 1997 on the file of the Subordinate Judge's Court, Mavelikkara for realisation of an amount of Rs.2,57,500/- from the respondent/defendant contending that on 15.12.1996 the defendant came to the house of the plaintiff and requested to arrange a loan of Rs.2,50,000/- for his urgent personal needs and promised to repay the same with 18% interest per annum after 30 days and for the repayment of the said amount, the defendant issued Ext.A1 cheque for Rs.2,50,000/- drawn on the account maintained by him with the Catholic Syrian Bank, Pandalam Branch.
3. The cheque was dishonoured on presentation on 11.02.1997
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