ABDUL KAREEM Vs. JIJO GEORGE

JUDGEMENT

(1.) The appellant is the plaintiff in O.S.No. 18/20012 on the file of the Additional Sub Court, North Paravur. The suit for realization of money was dismissed by a judgment and decree dated 24th Aug. 2013. Challenge in this appeal is by the plaintiff.

(2.) The plaintiff had pleaded in the plaint that the defendant is a person known to him for so many years. On 22.11.2010 they have entered into an agreement and as per the agreement the defendant agreed to discharge the liabilities of the plaintiff on or before 22.11.2011. He had also issued a cheque dated 26.9.2011 for Rs. 5 lakhs to discharge the debt. But when the cheque was presented for collection, it was dishonoured and so he issued a lawyer notice demanding the money. But he did not pay the amount. Hence the suit.

(3.) The defendant filed written statement admitting the execution of the agreement dated 22.11.2011. As per the agreement, he agreed that he will do all necessary things to prefer an appeal against the decree of the Principal Sub Court, North Paravur in O.S.No.384/2009 filed against the defendant and some others by one Aakbar. In O.S.No.384/2009, the plaintiff filed a claim petition, but it was dismissed and a decree was passed charging the decree debt over the property belonging to the plaintiff. The defendant, as agreed, spent money for the appeal and preferred appeal before this Court against the order of dismissal of the claim petition and an order of stay was obtained. The plaintiff had also filed appeal. Subsequently, the plaintiff and Akbar have settled the matter and the plaintiff had withdrawn the appeal and sold his property to Akbar. The cheque issued had no date at the time of execution and it was issued not for discharging any legally enforceable debt and in fact the plaintiff had cheated the defendant .