VISWANATHAN Vs. RAMAKRISHNA CHETTIAR

JUDGEMENT

(1.) THE defendent in O.S.No.39 of 1983 on the file of the First Additional Subordinate Judge, Pondicherry is the appellant.

(2.) THE respondent-plaintiff filed the said suit for specific performance directing the defendent to execute and register Partnership deed with the plaintiff as per the agreement dated 19.11.1978 and agreement letter dated 31.1.1980 in respect of the bus firm styled and named as A.V.S. Bus Service at Pondicherry. THE learned Subordinate Judge while rejecting the relief for specific performance, directed the defendant to pay a sum of Rs. 60,000.00 with proportionate interest thereon within a period of six months. Aggrieved by the same, the defendant has preferred the present appeal.

(3.) WITH the above pleadings, the parties went for trial. The plaintiff got himself examined as P.W.1 and one Gangadharan as P.W. 2 and also marked Exs.A. 1 to A. 5 in support of his claim. On the other hand, the defendant has been examined as D.W.1 and marked Exs.B. 1 to B. 6 in support of his defence. The learned Subordinate Judge after framing necessary issues and after considering the oral and documentary evidence, passed a decree only for payment of Rs. 60,000.00 along with proportionate interest within a period of six months and rejected.