DHAMODHARAN Vs. KANNAN

JUDGEMENT

(1.) The unsuccessful defendant in O.S.No.71 of 2006, before the learned District Munsif, Madurai, and in A.S.No.122 of 2008, before the learned Sub Judge, Madurai, has directed this second appeal.

(2.) The suit in O.S.No.71 of 2006 is based on Ex.A1 mortgage bond. The respondent/plaintiff sought for recovery of the principal together with interest, totally Rs.90,750/ -. Before the institution of the suit, there were exchange of notices, replies and rejoinders between the parties.

(3.) Appellant/defendant took up the stand that there was proposal for sale of his property. Ex.A7 (=Ex.B1) sale agreement, dated 07.10.2004 has been executed by the appellant/defendant agreeing to convey his property for Rs.3,50,000/ - and adjusted the advance amount of Rs.75,000/ - towards the amount payable by him to the plaintiff under Ex.A1. Thus, discharge of Ex.A1 through Ex.A7 has been pleaded.