S.V.THANGARAJ Vs. HAJA MOHIDEEN

JUDGEMENT

(1.) The unsuccessful defendant is the appellant herein. Aggrieved over the judgment and decree rendered by the learned Single Judge in decreeing the suit in part with specific reference to Ex.P4, the present appeal has been filed.

(2.) The suit has been laid for recovery of money and permanent injunction. The case of the respondent/plaintiff is that the appellant borrowed money from the respondent for the purpose of producing the film. Accordingly, Ex.P1 was executed on 27.01.2004. The terms of the agreement between the parties are to the effect that amount of Rs.10,00,000/- will have to be returned within the specific time by the appellant along with interest mentioned therein and the movie shall not be released till such compliance.

(3.) Ex.P2 is the Letter of Confirmation by the appellant to the respondent and as per this document, the appellant is stated to have agreed to pay a total amount of Rs.17,50,000/-. Since he could not and C.M.P.No.11681 of 2019 comply with the agreed terms, the appellant is stated to have executed Ex.P3 to P5, which are promissory notes and letter of confirmation.