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IN THE HIGH COURT OF JUDICATURE AT MADRAS
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R.RAJENDRAN – Appellant
Versus
K.KULLAPPAN – Respondent
| Table of Content |
|---|
| 1. plaintiff claims loan and dishonored cheque. (Para 1 , 3 , 4 , 6) |
| 2. court examines evidence regarding the loan. (Para 7 , 8 , 23 , 25 , 27) |
| 3. defendant argues improbability of loan claim. (Para 10 , 11 , 12 , 14) |
| 4. burden of proof and presumption of consideration. (Para 22 , 29) |
| 5. judgment set aside; suit dismissed. (Para 31) |
JUDGEMENT
Challenging the judgement and decree dated 01.12.2021 made by the learned Principal District Judge, Tiruppur District, in O.S.No.34 of 2019, the defendant is before this Court with the present appeal suit. The suit was decreed against the appellant herein directing him to pay to the plaintiff, a sum of Rs.12,50,000/- with interest at the rate of 7.5% per annum from the date of plaint till date of decree and thereafter at 6% per annum till date of repayment in full and cost of Rs.67,764.50.
2. For the sake of convenience, the parties in this appeal suit will hereinafter be referred to as per their array in the original suit.
3. The case of the plaintiff in O.S.No.34 of 2019 in brief is as follows:
(i) The defendant is known to the plaintiff. Knowing the plaintiff, the defendant borrowed Rs. 9,00,000/- from him on 09.09.2014 by signing an
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