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2022 Supreme(Online)(MAD) 957

HIGH COURT OF MADRAS
Hon`ble Mr Justice G. CHANDRASEKHARAN
R.RAJAMMAL (DECEASED) – Appellant
Versus
K.KANNAN – Respondent


J U D G M E N T

This Second Appeal is filed challenging the concurrent judgment and decree of the Courts below in decreeing the suit filed on the basis of promissory note. The respondent/plaintiff filed the suit on the basis of promissory note for recovery of Rs.77,157/- with 24% interest on the principal amount. The case of the respondent is that one G.Ashokan, who is the son of Rajammal, husband of the first appellant Thilagam and father of the other appellants, borrowed a sum of Rs.45,000/- from the respondent on 15.12.1998. He executed a promissory note on the same date, after receiving the amount and promised to pay the principal amount with interest at 24% per annum on demand. Ashokan died on 26.04.2000 leaving his mother, wife and children as his legal heirs to succeed to his estate. Inspite of repeated demands, the appellants did not repay the amount. Therefore, notice was issued on 17.10.2000. Even thereafter, the appellants have not paid the amount. Therefore the suit.

2. The case of the appellants as seen from the written statement is that the suit is hopelessly barred by limitation. It is denied that Ashokan borrowed Rs.45,000/- on 15.12.1998 and executed the promissory

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