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Saptarshi Paul (Advocate)     01 April 2011

how to fight agianst money suit

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

My Observation are as follows:-

1.      When the agreement was made there only mentioned the advance amount Rs 80000/- paid by Y to X and no full consideration is not mentioned and it is only mentioned that Mr y will pay the rest on handover the shop by X, and it is no where mentioned the said amount is refundable if the said shop is not transferred to Mr Y.

2.      After paying the first installment of Rs 20000/- there should be balance of Rs 60000/- but Mr y acknowledged a receipt that on second payment that out of Rs 80000/- (instead of Rs 60000/-) Rs 20000/- received.

3.      So there is anomaly in document on which basis the money suit was filed.

 

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



Learning

 3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     01 April 2011

You may demand copy of alleged agreement immediately on appearance in court before preparing your written statement and can take defence that full amount was not refundable as the defendant had refused to get the registered sale-deed entered in his name. As there is not term of refund hence the plaintiff cannot take its benefit and its benefit shall go in favour of defendant who has already paid each and every penny of advance money received.

Saptarshi Paul (Advocate)     01 April 2011

Sir, we hv already get judgemnt agaist us from lower court, now filed appeal in Civil Judge court,

Madan Gopal Dasaur (Advocate)     04 April 2011

Without,knowing the peadings& judgement. it is premature to comment


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