S M MOHAMMAD MOIDEEN Vs. P M BALASUBRAMANIAN

JUDGEMENT

(1.) DEFENDANTS in O.S. No. 467 of 1981 on the file of District Munsif, Nagapattinam, are the appellants in the above Second Appeal. The respondent herein, plaintiff filed the said suit for recovery of a sum of Rs. 4613-63 towards balance of business transaction.

(2.) THE case of the plaintiff is briefly stated hereunder:- THE plaintiff was doing paddy business at Tiruvarur Vijayapuram. THE defendants in the course of usual business, used to purchase paddy from the plaintiff. Defendants 2 and 3 are partners of the first plaintiff firm. As per the transaction from 16-10-78 to 2-12-78 the defendants have to pay a sum of Rs. 3957-50. As per the business terms, they are entitled to interest at 12 per cent on the said amount. THE paddy bags in the said transaction were l oaded at Vijayapuram as requested by the defendants. Since the defendants failed to pay the balance amount, the plaintiff made several attempts for getting early payment and went to the defendants' place at Alangudi. As requested by second defendant, the plaintiff has also made an attempt to recover the said amount from the son of the second defendant, who was doing business at Nagarkoil. Since in spite of several demands the defendants failed to repay the amount, the plaintiff has filed the present suit.

(3.) THE plaintiff filed a rejoinder wherein it is stated that the paddy was delivered at Vijayapuram as requested and the defendants agreed to settle the amount only at Vijayapuram. THE court at Tiruvarur has jurisdiction to try the suit. THE plaintiff has also denied the various averments made in the written statement and prayed for a decree as claimed.