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2007 Supreme(Online)(KER) 31577

HIGH COURT OF KERALA
PIUS C.KURIAKOSE, J
G VIJAYAN PILLAI – Appellant
Versus
JOSEPH DEVASSIA – Respondent


ORDER

The defendant in O.S.No.88/1988 on the file of Additional Sub Court, Alappuzha, suit for money, challenges in this Civil Revision Petition under Section 115 of the Code of Civil Procedure, the judgment and decree of the District Court, Alappuzha dismissing the appeal preferred by the petitioner and confirming the positive decree which was passed by the trial court in favour of the respondent plaintiff.

2. The case of the plaintiff respondent before the trial court was that the plaintiff was the owner of two H.P. motors, its accessories and other pumping equipment; that the defendant was a pumping contractor of Apothikari padasekharam in Ambalappuzha village. During the second crop cultivation in 1987 for the purpose of pumping the defendant took on rent the motors and accessories and pumping equipments on rent of Rs. 13,000/- after executing a coolicharth on 28/05/1987. The further case was that it was agreed by the defendant that he will pay a sum of Rs. 3,000/- as advance when the motor is taken delivery and installed at the motorthara and that it was further agreed that he would pay salaries of two drivers at Rs. 650/- per month for operating the motors. The plaintiff's all

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