BUSINESS BANKERS Vs. K ANANDAN

JUDGEMENT

(1.) This is an appeal preferred against the judgment in A.S. No. 303 of 1985 rendered by a learned single Judge of this Court. The original suit O.S. No. 29 of 1983 was filed by the appellant against the respondents for realisation of Rs. 28.219/- as the amount due towards the hire purchase transaction. It is the case of the appellants that they had entered into a hire purchase agreement with the defendants in respect of a Benz Goods Vehicle bearing Registration No. KLV 7957 on 1-5- 1981 and that the defendants had agreed to pay a sum of Rs. 50.820/- in 18 equal instalments. Since the defendants did not keep the vehicle in good condition and failed to pay the instalments possession was retaken on 24-7-1982. As the defendants did not wipe off the liability notice was issued on 21-12-1982 and the vehicle was sold for a price of Rs. 20.000/-. It is for the balance amount due the suit is filed.

(2.) The defendants would contend that the vehicle was in a good condition and it was seized on 24-7-1982 without any reason. The hire purchase agreement was never terminated and no notice was issued regarding sale. According to them the vehicle would have fetched a value of Rs. 90,000/- and that the sale is not valid. It is further contended that the appellants are not entitled to claim any amount.

(3.) The Principal Sub Judge, Kollam granted a decree in favour of the plaintiffs for the amount claimed. It is against that decision A.S. No. 303 of 1985 was filed before this Court. The learned single Judge by judgment dated 8-8-1991 allowed the appeal and dismissed the suit. The learned single Judge found that there was no proper notice of sale and that the respondents were never informed about the sale and further that the sale had not been conducted properly. It is the correctness of that decision what is challenged in this appeal.