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2010 Supreme(Online)(KER) 11274

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
JACOB JOHN – Appellant
Versus
RAJ MOHAN – Respondent


JUDGMENT

This appeal arises from judgment and decree of learned District Judge, Kollam in A.S.No.20 of 2002 confirming judgment and decree of learned Munsiff, Karunagappally in O.S.No.549 of 2000 granting decree in favour of respondent for realisation of amount allegedly due from the appellant under Ext.A1, demand promissory note. According to the respondent, appellant borrowed Rs.85,000/- from him on 15-12-1999 and executed Ext.A1. He gave notice to the appellant on 04-02-2000 demanding payment of the amount, notice was served on him and appellant issued Ext.B7, reply denying any transaction with respondent. According to the appellant, he had a vehicle transaction with one Isahac who wanted appellant to pay Rs.38,000/- to one Radhakrishna Pillai and on 28-09-1999 appellant paid Rs.20,000/- to the said Radhakrishna Pillai, balance amount payable to the said Radhakrishna Pillai was Rs.18,000/-. Respondent who is related to the said Radhakrishna Pillai has filed a suit at the instance of the said Radhakrishna Pillai. Respondent gave evidence as PW1 and testified to his case. He proved Ext.A1. PW2 is a witness in Ext.A1 who supported case of respondent. Appellant gave contra evidence a

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