R SATHEESHKUMAR Vs. R THOMAS

JUDGEMENT

(1.) This is an appeal preferred against the judgment and decree of the Subordinate Judge's Court, Thiruvananthapuram in O.S.No.218 of 1996. The suit is one for realisation of the amount. The brief facts necessary for the disposal of the appeal are stated as follows:-

(2.) The plaintiff was constructing a house. The defendant was conducting an industry by name Rohini Industries and the plaintiff and defendant entered into an agreement by virtue of which the defendant promised to supply doors, windows and ventilator etc. for a sum of Rs.33,000/-. On the date of the agreement Rs.5,000/- was given and subsequently on two occasions Rs.21,000/- was altogether paid. To the dismay of the plaintiff, the defendant did not supply any materials and, therefore, he was forced to purchase it from outside and complete the construction. Thereafter, the plaintiff has filed this suit for the recovery of the amount for Rs.26,000/- paid by him.

(3.) On the other hand, the defendant would contend that he had entered into an agreement with the plaintiff. But the contention that articles were not supplied is incorrect. He had supplied the entire articles and another item which was not included in the agreement and the outstanding amount from the plaintiff was Rs.7,000/- which was not paid and, therefore, plaintiff is not entitled to relief. On analysis of the materials the trial court considered and found that the case of the plaintiff is true and granted a decree in favour of plaintiff and rejected counter claim of the defendant. Aggrieved by the decree in the suit the defendant has come up in appeal.