Chinnusamy Reddiar (Died) vs R. Srinivasan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 4595

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SATHI KUMAR SUKUMARA KURUP, J
Chinnusamy Reddiar (Died) – Appellant
Versus
R. Srinivasan – Respondent

Advocates Appeared:
For the Appellants : Mr. N. Subbarayalu.
For the Respondent: Mr. T. A. Srinivasan.

JUDGMENT :

(SATHI KUMAR SUKUMARA KURUP, J.)

This Appeal is filed to set aside the Judgment and Decree dated 18.09.2012 made in A.S. No. 6 of 2012, on the file of the learned Principal District Judge, Namakkal confirming the Judgment and Decree dated 15.07.2011 made in O.S. No. 377 of 1997 on the file of the learned Sub Judge, Namakkal.

2. For the sake of convenience, the parties to this Appeal are referred to as per the status in the suit as “Plaintiff” and “Defendants” as the case may be.

3. The Defendants in O.S. No. 377 of 1997 are the Appellants in this Second Appeal. The suit in O.S. No. 377 of 1997 was filed for recovery of a sum of Rs.1,53,000/- representing Rs.1,00,000/- towards principal and Rs.53,000/- towards interest and costs

4. As per the plaint averments, the first Defendant – Chinnasamy Reddiar (since deceased) requested the Plaintiff for a loan of Rs.1,00,000/- to purchase a land. The first Defendant also agreed to pay Rs.2/- per Rs.100/- per month towards interest. Accordingly, the Plaintiff paid the amount on 15.09.1991 and upon receipt of the sum of Rs.1,00,000/- the first Defendant executed a demand promissory note, promising to pay the sum of Rs.1,00,000/- together