JUDGMENT

The defendants in O.S.No.62 of 2012 are in appeal, aggrieved by the judgment dated 19.03.2018 passed by the learned Principal District Judge at Vellore.

2. The suit in O.S.No.62 of 2012 had been filed by the plaintiff, M.V.Aruljothi, seeking a judgment and decree, directing the defendants, Punithavathi Maniam and her two daughters and son, Sudha, Bharathi and Raghul to pay an aggregate sum of Rs.13,79,133/- (Rupees Thirteen Lakhs Seventy Nine Thousand One Hundred and Thirty Three only) on the basis of two promissory notes said to have been executed by the late husband of the first defendant / father of the defendants 2 to 4, N.Balasubramaniam, who died before the institution of the suit, but who is said to have been executed the promissory notes and also for the accrued interest on the amount due and payable and for costs of the suit. In the suit, it had been stated that the late husband of the first defendant / father of the defendants 2 to 4, N.Balasubramaniam had borrowed a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) from the plaintiff on 03.11.2009 and had agreed to repay the same with interest at the rate of 12% per annum and had also borrowed a further sum of Rs.10,00,000/- (Rupees Ten Lakhs only) on 05.11.2009, again agreeing to repay the same with interest at the rate of 12% per annum and with respect to both the borrowals, had executed two separate promissory notes in favour of the plaintiff on the very same dates, namely on 03.11.2009 and on 05.11.2009.

3. There had also been further endorsements in the promissory notes and those endorsements continued till 07.05.2012. It had been stated further in the plaint that for the amount due on the second promissory note dated 05.11.2009, N.Balasubramaniam had made a part payment of Rs.7,00,000/- (Rupees Seven Lakhs only) on 15.02.2010. He had also paid interest at the rate of 12% per annum on both the promissory notes till November 2011. Towards the interest, which had accrued upto April 2012 namely from November 2011 till April 2012, for a period of 5 months, which amounted to Rs.65,000/-, the said N.Balasubramaniam had issued a cheque bearing No.653442, drawn on ICICI Bank Limited at Vellore for Rs.50,000/- on 07.05.2012. A copy of the cheque was also filed along with the plaint. There was an endorsement made in the promissory note till the last payment of the interest and in that endorsement, the number of the cheque was mentioned. It is claimed that the cheque related to the second promissory note dated 05.11.2009. It had been stated that subsequent to November 2011, the interest had not been paid. Further, with respect to the first promissory note dated 03.11.2009, it had been stated that N.Balasubramaniam evaded payment of any further amount. He unfortunately died on 28.07.2012. It had been claimed that as legal representatives, the defendants are liable for the suit claim.

4. A Written statement had been filed, which had been verified by the first defendant and had been adopted by the 2nd, 3rd and 4th defendants. In the written statement, it was denied that N.Balasubrmaniam had borrowed a sum of Rs.10,00,000/- on two separate dates, on 03.11.2009 and on 05.11.2009 and that he had agreed to pay interest at the rate of 12% per annum and had executed two promissory notes in favour of the plaintiff. The endorsements on the promissory notes were also denied. The assertion that he had paid interest till November 2011 and that towards interest from November 2011 to April 2012, he had issued a cheque was also denied.

5. It is therefore evident that the entire transaction alleged by the plaintiff had been denied and disputed by the defendants. Thereafter, the defendants, in the written statement, went further and stated facts relating to the nature of relationship between the plaintiff and N.Balasubramaniam. It had been stated that there was a transaction for purchase of a particular property and N.Balasubramaniam as purchaser, had to pay the sale consideration towards