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Saptarshi Paul (Advocate)     26 September 2010

money paid in good faith but now opp party filed money suit

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, and the said agreement paper is in the hand of Mr Y and Mr X has no such copy of said agreement paper in his hand.

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

 

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



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