AMMAIYAPPAN Vs. THANGAMALAI

JUDGEMENT

(1.) THE defendant in O.S.No.188 of 2000, in the Court of Subordinate Judge, Srivilliputtur is the appellant.

(2.) DEFENDANT and plaintiff are brothers. They are in textile business. Between them, there was supply of textiles on credit basis. Plaintiff maintained ledger accounts entering the credit sales and also the payments. According to plaintiff, as per Ledger Accounts (Exs.A.1, A.5 to A.8) in the transaction running between 01.06.1995 to 26.08.1997, defendant is liable to pay him Rs.1,22,854.05, after adjusting Rs.50,000/- by his brother making over a decree debt. Still he has to pay him Rs.1,22,854.05. As agreed, in the Panchayat, under (Ex.A.2 Muchalika) dated 14.02.1999, defendant had not paid him Rs.50,000/- in two equal instalments. In the circumstances, plaintiff issued him Ex.A.3 notice dated 10.04.2000. It was received by him under Ex.A.4 postal acknowledgment. But, he did not pay. So, the suit to recover the said amount with 12% interest p.a.

(3.) APPRECIATING the above evidence, the trial Court construing Ex.A.2 Muchalika, came to the conclusion that the discharge of Rs.50,000/- under Ex.B.1 was for a different transaction and still the defendant has to pay him Rs.50,000/- and on 26.08.1997, defendant had paid him Rs.5,000/-, so the suit is in time and thus decreed the suit partly for Rs.50,000/- with 6% future interest p.a. and with pro-costs.