Sukumaran.

1. Defendant is the appellant. Plaintiff filed the suit for realisation of Rs.22,080/- and interest thereon on the strength of Ext.Al. The case of the plaintiff is that he an Abkari Contractor from 1973-74 onwards was not in a position to participate in the auction for 1977-78 on account of the statutory bar that a defaulter to the Toddy Welfare Fund is not eligible to participate in the auction and to circumvent it he reached an agreement with defendant that Shop Nos. 17,19 and. 20 out of the 28 shops bid by the defendant will be transferred to him with the permission of the authorities and that he paid Rs.22,080/- to the defendant on 1-3-1977 immediately after the auction and the defendant failed to perform his part of the agreement. Defence was total denial of the agreement. The learned Sub Judge decreed the suit finding that the plaintiff is entitled to the suit claim.

2. Learned counsel for the appellant-defendant submitted that the Sub Judge was not justified in decreeing the suit having found that Ext. Al has not been proved to have been made by the defendant and in view of the several inconsistencies and improbabilities in the evidence of the witnesses.