RAMACHANDRAN Vs. Y THEVA NESOM AMMAL

JUDGEMENT

(1.) The defendant, who lost his case before the lower Appellate Court is the appellant in this second appeal. The respondent herein has filed the suit O.S. No.26 of 1986 on the file of Additional Subordinate Judge, Tirunelveli for recovery of amount.

(2.) The case of the respondent herein is that she sold the property under Ex.A1 on 31-08-1984 for a total consideration of Rs.35,990/-, but the sale consideration is mentioned only as Rs.9,900/- in the deed as the appellant herein has agreed to pay the balance sum of Rs.26,000/- separately, later. Since the appellant failed to pay the said sum, as promised, the respondent has filed the above suit.

(3.) Before the trial court, the respondent herein has marked Exs. A1 to A9 and examined herself as PW1 and one Devasundaram, Advocate as PW2. The case of the appellant herein is that the sale consideration is only Rs.9,900/-, the claim of the respondent is false besides that barred under Section 92 of Indian Evidence Act. The appellant herein has marked Exs. B1 to B4 and examined himself as PW1. The trial court dismissed the suit. Aggrieved by the Decree and Judgment of the trial court, the respondent herein has preferred appeal A.S. No. 180 of 1990 on the file of the Principal District Judge, Tirunelveli. The lower appellate Court reversed the Judgment and Decree passed by the trial court, hence this second appeal.