P.A. NARASIMHA MURTHY Vs. SHASHI KIRAN

JUDGEMENT

(1.) The defendant is the writ petitioner.

(2.) The respondent - plaintiff filed the suit seeking to enforce a contract of sale. The said suit was filed on 24.03.2008. The cause title indicated that the suit was filed by one Shashikiran, son of Gopalakrishna through a counsel. In the said suit, the defendant entered appearance and filed his written statement. In his written statement, at paragraph 5, the defendant stated as follows:

(3.) Thus, the specific plea taken up by the defendant was that he had never seen the face of the plaintiff and therefore, question of executing any agreement in his favour would not arise. It was the case of the defendant that he had borrowed a hand loan from one Narasimhamurthy and at the time of borrowing the hand loan for security purposes, he had executed certain blank papers and those blank papers were being misused by Narasimhamurthy along with Shashikiran, who were jointly conducting a real estate business. Thus, as per the defence of the defendant, his signature on a blank stamp paper was not disputed. He, however, set up a plea that it was a loan transaction and not a contract of sale.