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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Sounthar, J
T. Murugesan – Appellant
Versus
Baby Daisy – Respondent
| Table of Content |
|---|
| 1. suit for money recovery on promissory notes; execution denied as forgery. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments doubt execution and consideration passing. (Para 6) |
| 3. signatures admitted; execution proved; section 118 presumption applies. (Para 7) |
| 4. no perversity; appeal dismissed affirming decree. (Para 8 , 9) |
JUDGMENT
The unsuccessful defendant is the appellant herein. The respondent herein/ plaintiff filed a suit for recovery of money based on two promissory notes. The suit was decreed by the Trial Court and the findings of the Trial Court was affirmed by the first appellate court. Challenging the concurrent findings of the courts below, the defendant has come before this court.
2. According to the plaintiff, the defendant received a sum of Rs.3,62,500/- from the plaintiff and executed a promissory note on 09.12.2015 in favour of the plaintiff, agreeing to repay the said amount with interest at the rate of 12% p.a. It is also the case of the plaintiff that, after six months, again the defendant borrowed a sum of Rs.1,00,000/- from the plaintiff and executed a promissory note on 07.09.2016 agreeing to repay the said amount with interest at the rate of 12% p.a. Acco
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