SATHYANARAYANA Vs. JAYAM OIL MILLS

JUDGEMENT

(1.) THE second appeal has been filed by the first defendant Sathyanarayana against whom decree has been passed by way of concurrent judgments by the District Munsif, Panruti in O. S. No. 231 of 1987 as well as the Principal Subordinate Judge, Cuddalore in A. S. No. 129 of 1993.

(2.) THE said suit was filed by the plaintiff for recovery of Rs. 8906/= with interest on account of supply of groundnuts to the value of Rs. 62,500/= to the first defendant being the balance amount of Rs. 7500/=.

(3.) THE said suit was resisted by the first defendant by saying that on 26. 3. 1986 one Ramalingam calling himself as representative of the plaintiff-firm came with the load of groundnuts in a lorry bearing registration No. TNP 2913 and approached the first defendant to purchase the same and that since the groundnuts were not dry enough, the first defendant refused to receive the same and that however, after obtaining permission of the plaintiff-firm, the said Ramalingam sold the grounds to the first defendant and that since there was short of weight to the extent of 711 kgs. , the price was agreed to be Rs. 55,000/= alone and the said amount of Rs. 55,000/= also was paid to the said Ramalingam and thereby this suit as if Rs. 7500/= is remaining unpaid cannot be sustainable and the same is liable to be dismissed.