A VIJAYAKUMAR Vs. D CHANDRA BAI

JUDGEMENT

(1.) AS against the concurrent findings of the Courts below in O.S.No.125 of 2003 (Sub Court, Kuzhithurai) and in A.S.No.5 of 2008 (District Court, Kanyakumari at Nagercoil), the defendant has directed this appeal.

(2.) THE respondents/plaintiffs, who are spouses, and appellant/defendant are neighbors, known persons, relatives, but, have become dead enemies.

(3.) THE plaintiffs have instituted the suit in O.S.No.125 of 2003, against the appellant/defendant, for the recovery of Rs.1,80,000/ - from the defendant for money spent towards the construction of a house for the appellant/defendant. On 03.11.2002, a settlement was arrived at between both, in the presence of witnesses and the defendant had agreed to pay them Rs.1,80,000/ - (Ex.A20). But, the defendant refused to pay. This is the gist of the plaintiffs' case.