R PADMANABHA PILLAI ALIAS Vs. N VELUKUTTY PILLAI

JUDGEMENT

(1.) The following points arise for a decision in these appeals arising from the common judgment and decree of learned Sub Judge, Mavelikkara in O.S.Nos.8 of 1990 and 54 of 1991.

(2.) Respondent in A.S.No.317 of 2002 filed O.S.No.8 of 1990 for recovery of money on the allegation that the appellant is a dealer in copra business and borrowed Rs. 25,000/- from him on 06.01.1988 and Rs. 15,000/- on 18.02.1988. The said amounts were paid to the appellant by way of two cheques which were encashed by the appellant in due course of time. Appellant did not repay the amount due and hence O.S.No.8 of 1990 for recovery of the said amounts with interest.

(3.) Appellant denied that there was no loan transaction on 06.01.1988 or 18.02.1988. He claimed that he had joint copra business with the appellant from 25.11.1987 to 19.04.1988. Since the respondent withdrew from the joint business, accounts were settled and amounts were due to the appellant. For repayment of part of the said amount, respondent issued cheques dated 06.01.1988 and 11.8.1988. A further sum of Rs. 42,630/- was also due from the respondent.