MONEY RECEIPT NOT IN HAND
Querist :
Anonymous
(Querist) 19 September 2010
This query is : Resolved
Mr X had a agreement to sale his shop to MrY for Rs 1,80,000/- and Mr Y advanced only Rs 80,000/- and one agreement of sale also prepared and signed by both.
After few days Mr Y said he don’t want to purchase the shop and ask Mr X to return advance money.
Mr X agreed and said Mr Y that he will return money in 3 installment that is 20000/- , 20000/- and 40000/-
Mr X paid Rs 20000/- in Jan 2006 and 20000/- in Dec2006, Mr x had written in the back side of original agreement paper about this two payments that out of 80,000/- he had paid 20000/- in Jan 2006 and 20000/- in Dec2006,
But when he last paid The remaining balance in Feb 2007 that is Rs 40,000/- he ignored to write any entry in the agreement paper as Mr Y was his friend so he never think it will create any problem.
Now Mr Y denied that Mr X had paid Rs 40,000/- to him and filed a money suit against Mr X
Now I need suggestion from all of you that how I can save Mr X has the original agreement paper and payment entry all are in the hand of Mr Y
Kindly guide me the proper provision of Law.
Regards
S Paul
Raj Kumar Makkad
(Expert) 20 September 2010
You have not mentioned about the contents of civil suit for recovery. How can one anticipate the grounds of the case. IIf he himself has mentioned that the agreement had been cancelled and Y has returned only 40,000/- out of advance money of Rs. 80,000/- then before submitting your written statement, move an application before court seeking direction to X to put the original copy of mentioned agreement on file. You may study that agreement (back side) and then can prepare your written statement and even can obtain the certified copy of that agreement from court before filing your written statement.
Sri Vijayan.A
(Expert) 20 September 2010
In the circumstances narrated by you, I sincerely advise to contact a Local Lawyer
