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2021 Supreme(Online)(MAD) 40666

HIGH COURT OF MADRAS
Hon`ble Ms. Justice P.T. ASHA
D.KOMALA – Appellant
Versus
S.D. RAMALINGAM – Respondent


JUDGMENT

The defendant in a suit for recovery of money is the appellant before this Court.

2.The appellant has filed this appeal challenging the Judgment and Decree passed by the learned XVIII Additional Judge, City Civil Court, Chennai, in O.S.No.1703 of 2015.

PLAINTIFF'S CASE:

3.The case of the respondent/plaintiff was that he and the appellant are siblings and she had approached him with a request to extend financial assistance for purchasing a property and to settle her debts. Considering the relationship, the respondent had lent a total sum of Rs.10,00,000/- on different dates as detailed in the Plaint. These amounts had been given by the plaintiff by withdrawing cash from his Bank, namely, State Bank of India, CIT Nagar Branch, Chennai and paying cash to the appellant.

4.The case of the respondent is that at the time of the borrowal, the appellant had executed a Loan Confirmation Bond dated 25.03.2012 on a Rs.20 Non-Judicial Stamp Paper favouring the respondent in which she had stated that she would repay the said amount within one year from the date of Bond. This promise was observed in a breach. Despite repeated requests, the defendant had not come forward to clear the said outs

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