HASSAN KOYA Vs. SHAMSUDHEEN

JUDGEMENT

(1.) The decree in a suit for money is under challenge by the defendant.

(2.) The plaintiff's case is as follows:- The plaintiff, his brother-in-law Reesul Islam, and the defendant were employed at Saudi Arbia. There were some business dealings between the defendant and Reesul Islam. They decided to wind up their arrangement. It was agreed that the amounts payable by the defendant to Reesul Islam was Rs.11.00 lakhs. Out of the said amount, a sum of Rs.5.00 lakhs was payable on 30/8/2006. The balance ? 6 lakhs was to be paid on or before 30/3/2007. As per the agreement, the amounts were to be paid to the plaintiff on behalf of Reesul Islam. Recording the above, an agreement was executed on 7/7/2006 between the plaintiff and the defendant (Ext.A1). Along with the agreement, a blank cheque of the defendant bearing No.095632 of the Canara Bank, Manjeri Branch, which was with Reesul Islam was also handed over to the plaintiff. From out of the amounts payable, only ? 4,40,000/- was paid by the defendant. It is for realisation of the balance amount with interest that the suit has been filed.

(3.) The defendant filed a written statement denying Ext.A1 agreement. It was contended that, while at Saudi Arabia, he had borrowed 35000 Riyals equivalent to ? 4,18,250/- from the plaintiff's brother-in-law Reesul Islam. Towards security for the same, signed blank stamp paper and white paper, as well as a cheque were handed over to him. Though the borrowed amount was repaid with interest, the signed papers and cheque were not returned stating that they were misplaced. The agreement in question has been created misutilising the said documents. Accordingly, defendant prayed for dismissal of the suit.