GANESH PATWARI Vs. T V RAMANA REDDY

JUDGEMENT

(1.) This Revision is directed against the order dt. 28-3-1994 passed by the Subordinate Judge, Mandanapalle in I.A.No. 734 of 1993 in O.S.No. 120 of 1979.

(2.) The defendant No. 1 is the Revision Petitioner. The first respondent-plaintiff filed the suit O.S.No. 120 of 1979 for recovery of a sum of Rs. 48,000.00 from the first defendant stating that he purchased car from the second defendant for Rs. 35,000/ and brought it from Madras to Madanapalle and effected repairs after repairs he sold the said car to the first defendant who agreed to purchase the same for Rs. 45,000.00 and paid Rs. 1000.00 in cash, and Rs. 14,000.00 was adjusted for the value of Singer five thread over lock machine given by first defendant to plaintiff's factory and he issued a cheque for balance of Rs. 30,000/- on 27-11-1976 and took delivery of the vehicle. As the defendant failed to pay the amount he instituted the present suit.

(3.) The defendant filed written statement denying the transaction but he stated that he issued cheque in favour of Andhra Garments, Industrial Estate, Madanapalle. He purchased the car from second defendant for a consideration of Rs.30,000/- duly executed a receipt on 15-1-1977 and delivered the car to the defendant.