JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of C.P.C., against the judgment and decree in A.S.No.18 of 2010 dated 31.03.2011 on the file of the learned Subordinate Judge, Nilgiris at Udhagamandalam, confirming the judgment and decree made in O.S.No.25 of 2004 dated 26.06.2008 on the file of the learned District Munsif, Kotagiri.)

1. The defeated defendant is the appellant herein.

2(a). The respondent/plaintiff has filed a suit in O.S.No.25 of 2004 before the learned District Munsif, Kotagiri, seeking recovery of money on the ground that the amount paid under Ex.A1/agreement, dated 11.03.1993, entered into between the appellant and the respondent could not be fortified and asked for re-fund of the amount.

(b). During the course of trial, on behalf of the plaintiff, he examined himself as P.W.1 and Exs.A1 to A4 were marked and on behalf of the defendant, defendant examined himself as D.W.1 and no document was marked on his side.

(c) After perusing both oral and documentary evidence adduced by the plaintiff, the trial Court has decreed the suit. Aggrieved against the said decree passed in the suit, the defendant has filed an appeal suit in A.S.No.18 of 2010 before the