A. BALAKRISHNAN Vs. A. MANI

JUDGEMENT

(1.) THE legal heirs of deceased 1st defendant in O.S. No. 271 of 2011, on the file of Sub Court, Karur, who have succeeded in the trial Court, however, become unsuccessful in plaintiff's appeal in A.S. No. 223 of 1999, before the learned District Judge, Karur, now have come up by way of this Second Appeal.

(2.) THE plaint was laid by the first respondent/ plaintiff for the return of advance money of Rs. 1,35,000/ - under Ex.A1, sale agreement dated 18.09.1989 to the defendants 1 and 2, with interest at 9% totalling Rs. 1,71,450/ -. The plaintiff having disgusted with the intense dispute between the blood brothers defendants 1 and 2 thought that he can get away with the advance money peacefully, laid up the suit.

(3.) THE first defendant filed written statement mainly contending that he did not execute Ex.A.1. The signature therein is not of him. In paragraph 5 of the written statement, he pleaded that some of his papers with his signature left in his house, has been misused by the said Mallika and has made it as Ex.A.1. Thus, 1st defendant denied his execution of Ex.A.1. His brother 2nd defendant is not in the picture because he do not want to participate in the battle between the plaintiff and the 1st defendant.