PRABHAKARAN Vs. ANTHAPPAN

JUDGEMENT

(1.) A large area consisting of different paddy fields belonging to different persons constellated into what is called a 'padasekharam ' ;.The Plaintiff and 30 Ors.are the owners of those different paddy fields.After the harvest season,when the padasekharam is submerged in water,the right to catch fish there from and the right to feed ducks therein were granted to the highest bidder,as a usual practice.The Defendant bid in auction those rights during the season following the second harvest in 1977 for a sum of Rs.70,200 and paid an advance of Rs.35,100.He executed Ext.A -1 agreement in favour of the owners of the paddy fields on 1st August 1977 agreeing to pay the balance amount in two equal instalments,the first instalment being payable on or before 31st January 1978 and the second instalment on or before 28th February 1978.The Defendant also agreed to pay a further sum of Rs.800 to two of the owners of the paddy fields as the fishing nets were to be spread in the paddy fields of those persons.As the Defendant committed breach of the agreement,the Plaintiff filed the suit for recovery of Rs.18,900 with interest.The Court below granted a decree for the said sum with interest at the rate of 6 per cent per annum from the date of suit together with costs.Hence,the Defendant has come up in appeal.

(2.) IN the plaint it is alleged that the Defendants had paid only a sum of Rs.17,000 out of the amount payable on or before 31st January 1978,and the balance has not been paid.Hence,a notice was issued through lawyer on 22nd May 1978.But in reply thereto,the Defendant put forward counter claims that actually amounts were due to the Defendants.Hence,the Plaintiff instituted the suit.

(3.) THE Court below rejected the contentions of the Defendant.The learned Sub Judge found that the Plaintiff is entitled to maintain the suit as the terms of the agreement enable him to do so.The learned Sub Judge repelled the defendant 's case that he has paid the sum of Rs.17,000 as centended by him,towards the 2nd instalment due on 28th February 1978.The evidence adduced by the Defendant was held to be unreliable.Thus,a decree for Rs.18,900 with future interest and costs was passed.