LAKSHMI DEVI Vs. A.R. VARGHESE

JUDGEMENT

(1.) The decree in a suit for money is under challenge by defendants 1 to 4.

(2.) Defendants 1 to 4 are the legal heirs of one Dr. Jayakumar. The 5th defendant is a financier. The plaintiff purchased a Tata Safari Car by availing finance from the 5th defendant. Ext.B11 dtd. 18/7/1998 is the hire purchase agreement. As per Ext.B11, the facility availed by the 5th defendant is to be repaid in 36 instalments of Rs.30,500.00 each. The plaintiff could pay only five instalments. On 11/2/1999 he sold the vehicle to Dr. Jayakumar. Thereafter Dr. Jayakumar paid only nine instalments. On 3/9/1999 he sold the vehicle to one Narayanankutty. Narayanankutty defaulted in payment of the intalments. Thereupon the fifth defendant issued Ext.B14 notice dtd. 14/11/2000 to the plaintiff. The plaintiff paid the then defaulted instalments amounting to Rs.3,01,604.00. The suit was instituted thereafter seeking the following reliefs:-

(3.) Defendants 1 to 4 filed written statement contending that, their predecessor Dr. Jayakumar had not purchased the vehicle. Due to financial difficulties the plaintiff was unable to pay the instalments. On the intervention of a broker known to Dr.Jayakumar, the possession of the vehicle was handed over to Dr. Jayakumar on an understanding that he was to pay few instalments and that the plaintiff would repay the same and take back the vehicle. He paid 9 instalments totalling to Rs.2,74,500.00. Subsequently, on 3/9/1999, the plaintiff through his son took back the vehicle on paying Rs.1,50,000.00. Balance amount of Rs.1,24,500.00 is due to Dr.Jayakumar. A counter claim was raised for the said amount. The suit is liable to be dismissed and the counter claim decreed, it was contended.