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. NO condition regarding refund of advance money was mentioned in the said agreement.
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
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 , and Ld lower court gave the judgment against Mr X.
And kindly inform can a MONEY SUIT is valid on the basis of such agreement.
Kindly guide me the proper provision of Law.
Regards
S Paul
