Money suit challange
Saptarshi Paul
(Querist) 14 May 2011
This query is : Open
Mr X had a agreement to sale his shop to MrY for Rs 1,80,000/- and Mr Y advanced only Rs 80,000/- and one agreement of sale also prepared and signed by both.
After few days Mr Y said he don’t want to purchase the shop and ask Mr X to return advance money.
Mr X agreed and said Mr Y that he will return money in 3 installment that is 20000/- , 20000/- and 40000/-
Mr X paid Rs 20000/- in Jan 2006 and 20000/- in Dec2006, Mr x had written in the back side of original agreement paper about this two payments that out of 80,000/- he had paid 20000/- in Jan 2006 and 20000/- in Dec2006,
But when he last paid The remaining balance in Feb 2007 that is Rs 40,000/- he ignored to write any entry in the agreement paper as Mr Y was his friend so he never think it will create any problem.
Now Mr Y denied that Mr X had paid Rs 40,000/- to him and filed a money suit against Mr X
My Observation are as follows:-
1. When the agreement was made it was only mentioned “that the advance amount Rs 80000/- paid by Y to X against the purchase of shop” and full consideration is not mentioned and it is only mentioned that Mr y will pay the rest on handover the shop by X, and it is no where mentioned the said amount is refundable if the said shop is not transferred to Mr Y.
2. After paying the first installment of Rs 20000/- there should be balance of Rs 60000/- but Mr y acknowledged a receipt on second payment like that “out of Rs 80000/- (instead of Rs 60000/-) Rs 20000/- received.”
3. So there is anomaly in document on which basis the money suit was filed.
Now I need suggestion from all of you that how I can save Mr X has the original agreement paper and payment entry all are in the hand of Mr Y
Kindly guide me the proper provision of Law.
Regards
S Paul
