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Saptarshi Paul (Advocate)     26 September 2010

MONEY RECEIPT NOT in hand

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



Learning

 1 Replies

Rajeev kulshreshtha (advocate)     01 October 2010

It is difficult to prove but you can prove it by proving it through oral evidence of any person who can say that the payment was made in his presence or you can say that as the agreement was cancelled on part of Y and the amount was to be paid only 40000/- which was paid.


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