KONDACHINNA BOYAN Vs. CHINNASAMY

JUDGEMENT

(1.) The defendant in O.S.No.53 of 2005 on the file of the District Munsif Court, Sathyamangalam who failed before the Sub-Court, Sathyamangalam in A.S.No.2 of 2011 has filed the present appeal.

(2.) The appeal arises from a suit for agreement of sale dtd. 11/8/2004. The value of the agreement is Rs.25,000.00. The agreement reads that Rs.23,000.00 was paid on the date of agreement itself. Since the time for execution of the sale deed was 6 months, notices were exchanged between the parties on 5/2/2005 and 11/2/2005. Immediately on receipt of the reply notice, the present suit was filed on 16/2/2005.

(3.) The defence taken by the appellant was that it was a loan transaction for Rs.15,000.00 alone, which he stated, he would re-pay together with 9% per annum. In other words, it was not an agreement of sale, but, a loan transaction. As already pointed out, the trial Court decreed the suit and the lower appellate Court confirmed the same.