JUDGEMENT:

1. The present appeal is directed against the judgment and decree dated 15.04.2005 in O.S.No.8 of 2004, on the file of the learned Senior Civil Judge, Wanaparthy, whereby the suit filed for recovery of money was decreed for an amount of Rs.3,90,000/- with interest at the rate of 6% per annum from the date of filing of the suit till the date of realization on the principal amount of Rs.2,50,000/- against the appellant herein.

2. The appellant herein is the defendant and the respondent herein is the plaintiff in the said suit. For the sake of convenience, the parties hereinafter are referred to as they are arrayed in the suit.

3. The averments in the plaint are that the plaintiff and defendant are known to each other. Out of said acquaintance, they started computer Education Centre at Wanaparthy during February, 2001 in the name of G.S.S. Computer Education in the house premises bearing No.42-244 belonging to the plaintiff. The plaintiff borne all the expenditure for establishing the said centre and he used to pay salaries to the employees. When the plaintiff intended to withdraw from the partnership, the defendant readily agreed and they both settled the accounts in which the defendant was found due of Rs.2,50,000/- and the defendant agreed to pay the same to the plaintiff on or before 05.01.2002. The defendant further agreed to pay interest at Rs.2/- per month and executed a document to said effect on 28.09.2001. However, the defendant, in spite of several demands did not make any payment, which necessitated the plaintiff to issue legal notice in the month of January, 2002 and having received the same, the defendant did not make the payment.

Hence, the plaintiff filed the present suit.

4. Contesting the suit, the defendant filed his written statement denying allegations in the plaint and also denying the acquaintance with the plaintiff and both of them jointly running the G.S.S. Computer Education Centre, located in the house of the plaintiff. He further contended that there is no exchange of money between him and the plaintiff even in the said agreement. Hence, he is not liable to pay any amount and further, he said that even if the suit document is admitted to be true, the payment under the said agreement has to be made to him, only if the plaintiff delivers possession of the property and without such delivery of possession of the property, he is not liable to pay any amount under the said agreement and prayed for dismissal of the suit.

5. On the basis of the above pleadings, the Court below has framed following issues:

(cid:147)(i) Whether the plaintiff and defendant have jointly run the business in computer in the name and style of G.S.S.Computer Education?

(ii) Whether the plaintiff and defendant have agreed to separate and settled their accounts and the defendant executed agreement dated 28.09.2001, agreeing to pay Rs.2,50,000/-

with interest?

(iii) To what relief?(cid:148)

6. The plaintiff, to support his case, examined himself as PW.1 and one independent witness who is said to have attested the agreement as PW.2 and marked Exs.A1 to A3. The defendant has not adduced any evidence. The Court below on appreciating the evidence on record has decreed the suit as prayed for. Hence, the present appeal by the defendant.

7. Heard the learned counsel on either side and perused the materials placed on record.

8. Learned counsel for the appellant vehemently argued that before this Court that there is no exchange of money between the plaintiff and the defendant and he has denied the starting of G.S.S.Computer Education Centre. Further, Ex.A1 agreement dated 28.09.2001, is not sufficiently stamped and unless it is impounded the same cannot be taken into consideration and further contended that the Trial Court has not given opportunity to the appellant in this case and delivered the Judgment in favour of the plaintiff.

9. This Court has perused the entire record, which discloses that after the suit was posted for arguments on 26.11.20