GOVERNMENT OF TAMIL NADU Vs. N BALASUNDARAM

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree dated 19.8.1994, made in O.S. No. 1014 of 1988 on the file of III Additional Subordinate Judge, Coimbatore.

(2.) THE appellants herein where the defendants 1 and 2 before the Trial Court. THE respondent, as plaintiff, had filed the suit for return of the earnest money deposit and caution deposit paid by him to the appellants.

(3.) MS. A Sathya Bama, learned counsel appearing for the respondent submitted that there was no arrears of rent or other dues payable by the respondent/plaintiff, as stated in the written statement and the appellants herein have not denied the aforesaid deposits made by the respondent herein. Further in support of the contention of the respondent, he had produced supporting documents for the aforesaid deposits made by him. Under such circumstances, without furnishing any details and even without issuing any notice stating about any arrears of rent or dues payable by the respondent, in the written statement, the appellants have raised only a bald allegation that there was amount due and payable by the respondent. The appellants have stated that an amount of Rs. 17,580.50 was due and payable for which there is no supporting documents.