BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 26.02.2024 PRONOUNCED ON : 21.05.2024 CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.S.(MD)No.92 of 2022 Selvalakshmi ... Plaintiff / Appellant Vs.

1.Ramu

2.Pitchaikannu 3.Anandhavalli

4.Devi ... Defendants / Respondents PRAYER: This Appeal Suit filed under Section 96 of C.P.C., to set aside the Judgment and Decree passed by the Additional District Court, Sivagangai in O.S.No.38 of 2017 dated 31.08.2021 and allow this First Appeal.

For Appellant : Mr.N.Tamilmani For respondents : Mr.R.Senthil Kumar

JUDGMENT

The Appeal Suit is directed against the judgment and decree passed in O.S. No. 38 of 2017, dated 31.08.2021, on the file of the Additional District Judge's Court at Sivagangai.

2. The plaintiff / Appellant has filed the above suit claiming the following reliefs:

(i) Seeking to pass a decree directing the defendants to pay an amount of Rs. 12,00,733/- (Rupees Twelve Lakhs Seven Hundred and Thirty Three only) including the principal amount of Rs. 7,00,000/- (Rupees Seven Lakhs only) and interest to an amount of Rs. 5,00,733/- (Rupees Five Lakhs Seven Hundred and Thirty Three only) in terms of the promissory note executed by Mrs.Amma Kannu, dated 09.08.2014, in favour of the plaintiff .

(ii) To pass a decree directing the defendant to pay future interest to the principal amount of Rs. 7,00,000/- (Rupees Seven Lakhs only) from the date of filing of the suit.

(iii) Cost of the suit.

(iv) Any other reliefs to which the plaintiff is entitled to in the facts and circumstances of the case.

3. For the sake of convenience and brevity, the parties hereinafter will be referred as per their status / ranking in the Original Suit.

4. The plaintiff 's case in short is as follows:

4.1. Amma Kannu is the wife of the 1^st defendant and mother of the

2^nd to 4^th defendants. On 09.08.2014, the 1^st defendant's wife and the mother of the 2^nd to 4^th defendants, namely, one Amma Kannu, for the purpose of her urgent family expenses and other miscellaneous expenses, availed a loan of Rs. 7,00,000/- (Rupees Seven Lakhs only) in cash from the plaintiff for interest at a rate of 24% per annum at Kalayarkoil in the residence of the plaintiff, for which she had executed a promissory note in favour of the plaintiff. The daughter of the said Amma Kannu, i.e., the 3^rd defendant had signed in the said promissory note as one of the witnesses. The 1^st defendant and his wife, Mrs. Amma Kannu were running a shop for rent at the building belonging to the plaintiff's father-in-law situated at Kalayarkoil, behind the house of the plaintiff. Gaining acquaintance because of the 1^st defendant running a shop along with his wife behind the house of the plaintiff, both the 1^st defendant and his wife, Amma Kannu, for the purpose of disbursing the common family expenditure and also for the common family loans on execution of the aforesaid pro note, had availed the said loan from the plaintiff.

4.2. That apart, the 1^st defendant's wife, Mrs. Amma Kannu had given an undertaking that in case of default in payment of loan, in discharge of the debt borrowed for the purpose of the joint family, they together agreed to execute a sale deed with respect to the 1^st defendant's property situated in Survey No. 173/5 part at Kalayarkoil in favour of the plaintiff. Only on such assurance, the plaintiff had come forward to extend a loan of Rs. 7,00,000/- (Rupees Seven Lakhs only) to the 1^st defendant and his wife, Mrs. Amma Kannu on execution of a promissory note. It has been specifically agreed in the said promissory note that either the said Mrs. Amma Kannu or anyone claiming through her would be entitled to repay the loan amount to the plaintiff. While so, during 2015, Mrs. Amma Kannu passed away. Since the said loan was availed by Mrs. Amma Kannu for the common family expenditure, after her demise, the plaintiff sought for repayment of the aforesaid loan from the defendants several times, but the same proved futile. Despite diligent effo