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HIGH COURT OF MADRAS
D.Bharatha Chakravarthy, J
A.Palanisamy – Appellant
Versus
M.Ramasamy – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and loan agreements. (Para 1 , 2) |
| 2. defendants' denial of debts and related facts. (Para 3 , 4 , 5) |
| 3. plaintiff's arguments on promissory notes. (Para 8 , 9 , 10 , 11) |
| 4. court ruling on presumption of debts. (Para 14 , 15 , 16 , 17) |
| 5. final judgment regarding the validity of the appeal. (Para 18 , 19) |
JUDGMENT
A. The Appeal Suit :
This Appeal Suit is filed against the judgment and decree, dated 01.06.2016 in O.S.No.24 of 2008 passed by the learned Principal District Judge, Dharmapuri, in and by which, the suit filed by the plaintiff for recovery of a sum of Rs.11,74,250/- with further interest at the rate of 9% per annum on the principal sum of Rs.10,00,000/- from the date of plaint was decreed by the Trial Court.
B. The Plaint :
2. The case of the plaintiff is that the defendants borrowed a sum of Rs.5,00,000/- from the plaintiff on 25.11.2005 for the purpose of constructing house and for agricultural expenses and executed the suit 'A' promissory on the same day at Echanampatti village, Palacode taluk promising to repay the same together with interest at the rate of Rs.1.50 ps per hundred per month on demand either to the plaintiff or to his or
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