ROMAN GILBERT Vs. GEETHA NARAYANAN

JUDGEMENT

(1.) Two British citizens ( Indian origin) are the parties in a money suit before II Additional Sub Court, Thiruvananthapuram. The suit was dismissed. The plaintiff filed this appeal challenging the said judgment and decree. The facts relevant for consideration of this appeal is as follows :

(2.) The defendant denied all these allegations. Her specific case was that while she was in London, she came in contact with the plaintiff and they were in close intimacy. He used to borrow money from her and he owed 30000 pounds to her and the payments made were in discharge of the said liability. After appreciating the evidence, the court below dismissed the suit. Hence the appeal.

(3.) The plaintiff is a British citizen. It is also the case of the plaintiff that he advanced money to the defendant on an assurance of giving him two flats and a penthouse in the proposed building. There is evidence to show that he credited Rs. 77,63,000.00 in the account of the defendant. He got a further case that Rs. 25 lakhs was repaid and the balance amount is due. Thus, as per the case of the plaintiff, the plaintiff and the defendant were very close and the payment was made without a written agreement to that effect. In the first paragraph of the plaint, it is stated that the plaintiff and defendant travelled together to many countries for business purposes and also stated that the defendant was associated with the plaintiff's business. Contra to this pleadings, the case of the defendants is that the plaintiff owed 33000 pounds to the defendant and in discharge of the said amount, the payments were made.