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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. BALAJI, J
G.Durai – Appellant
Versus
M.K.Chennaiyan – Respondent
Please provide the content of the legal document (to be placed within
| Table of Content |
|---|
| 1. plaintiff's loan and defendant's business context. (Para 1 , 2 , 3) |
| 2. arguments presented by both parties. (Para 8 , 9) |
| 3. court's observations on evidence and presumption of consideration. (Para 11 , 18) |
| 4. rebuttal of presumption regarding passing consideration. (Para 19) |
| 5. outcome of the appeal and decree. (Para 20) |
JUDGMENT
The unsuccessful plaintiff in a suit for recovery of money is the appellant in the present Appeal Suit.
2.Pleadings:
The plaint in brief:
(a) The plaintiff and the defendant are known to each other for two decades. The plaintiff is a civil contractor doing Government and private works, earning Rs.5 lakhs per annum, besides owning landed properties, from which additional income of Rs.3 lakhs per annum accrues. The defendant is doing business in coconut, mango and tamarind and also possesses lorries and a tractor, through which he does transport business in the same village. The plaintiff was approached by the defendant on 15-07-2019, for a hand loan of Rs.23 lakhs, for improving his business and also to discharge family debts. In view of the close acquaintance, the plaintiff lent a sum of Rs.23 lakhs by cash on 30-07-2019. The defendant agreed to
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