LAWS(MAD)-2011-3-14

M KARUPPUSAMY Vs. S KARUNAIYAMMAL

Decided On March 01, 2011
M.KARUPPUSAMY Appellant
V/S
S.KARUNAIYAMMAL Respondents

JUDGEMENT

(1.) APPEAL Suit (First APPEAL) is preferred against the judgment and decree dated 10.8.2006 in O.S.No.74 of 2003 on the file of the Additional District Court/Fast Track Court No.1, Erode.

(2.) THE averments in the plaint are as follows:

(3.) THE trial Court, after considering the averments both in the plaint and in the written statement, and considering the arguments advanced by both sides framed four issues for consideration and after considering the oral evidence of PW.1, P.W.2 and D.Ws.1 to 3, and the documentary evidence of Exs.A-1 to A-3 and Exs.B-1 to B-9, granted the alternative relief of refund of Rs.6 lakhs with interest @ 6% per annum from the date of the plaint till the date of recovery. THE trial Court granted six months' time for payment. Challenging the said judgment and decree of the trial Court in respect of refund of the amount, the first defendant has preferred this First Appeal.