Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit for Recovery of Money |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Civil Suit: Suit for Recovery of Money – In the instant case, appellant filed two suits against respondents for recovery of money – Appellant and respondents are relatives – In the first suit, respondents borrowed a sum of Rs.10,50,000/- from the appellant by way of a cheque, out of which Rs.5,00,000/- was refunded by respondents and promised to repay the balance within six months but failed to refund – In the second suit, appellant and her husband joined respondent in his real estate business in which various amounts were either withdrawn from or transferred out of appellant’s accounts by the respondent unauthorisedly amounting to Rs.54,50,000/- – Trial Court dismissed both the suits – First appellate court allowed the appeals – Respondents filed appeals before High Court which were allowed resulting in dismissal of the two money suits – On appeal, held: In the first suit, the defence set up by the respondents was that the payment of Rs.5,00,000/- made by them was by way of full and final settlement – However, no receipt and written memorandum of compromise/settlement were taken by respondents from the appellant – When a party pleads part repayment in full and final settlement of certain some of money, the onus is upon him to show that there was a settlement – This onus was not discharged by the respondent – Hence, the appellant entitled to succeed in the first suit – In the second suit, defence of the respondents was that the amounts represented authorized payments for the purchase and sale of properties in a real estate business and that out of those amounts, a sum of Rs.30,00,000/ was treated as a payment made out of love and affection – The onus was on defence to show that there were business dealings, however, no books of accounts were produced by the defence to show that the amounts flowed out for business dealings – If the appellants had treated Rs. 30,00,000/ as one made out of love and affection, there could have been no occasion for dispute requiring mediation, resulting in the payment of Rs.5,00,000/- by respondents to appellant in full and final settlement in an interval of five months – The only piece of evidence on the basis of which the gratuitous nature of payment is sought to be proved is an affidavit sworn by appellant, but it did not contain the signature of the appellant – Hence, plea of gratuitous payment was not established by the respondents – Suit decree. |
Judge | Hon'ble Mr. Justice V. Ramasubramanian |
Neutral Citation | 2021 INSC 905 |
Petitioner | Anita Rani |
Respondent | Ashok Kumar & Ors |
SCR | [2021] 13 S.C.R. 964 |
Judgement Date | 2021-12-16 |
Case Number | 7750 |
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