R. SUBBARAO MANEY Vs. B. C. MURTHY KUMAR

JUDGEMENT

(1.) The judgment of the learned XXVI Additional City Civil and Sessions Judge at Mayo Hall, Bangalore (CCH 20) dated 11.11.2010 in O.S.No.15279/2004 dismissing the suit of the plaintiff is under challenge in this appeal.

(2.) The plaintiff is the appellant herein. Defendant is the respondent. Parties shall be referred to during the course of this judgment as per their ranks before the Court below. During the pendency of this appeal, plaintiff died and his LRs have come on record.

(3.) The plaintiff instituted O.S.No.15279/2004 against the defendant before the Court below for recovery of a sum of Rs.4,00,170/- with interest at the rate of 12% p.a. from the date of filing the suit till the date of realization and costs. It is the case of the plaintiff and the defendant that they were both employees of Reserve Bank of India, Bangalore Branch and they knew each other. It is the case of the plaintiff that defendant was running Chits Group. The plaintiff joined three such groups namely, two chits of Rs.1,00,000/- each for 20 months with 20 members with each member contributing Rs.5,000/- per month, both beginning from December, 2000 and another for Rs.3,00,000/- of 20 members for 20 months with each member contributing Rs.15,000/- per month beginning from July, 2001. Accordingly, plaintiff started to pay the chit amounts in respect of all the three chit groups to the defendant through cheques drawn on RBI Employees Cooperative Bank Ltd., N.T. Road, Bangalore, and he has furnished the details of the same in the plaint. Briefly put, it is his case that he had issued 14 cheques to the defendant on various dates towards subscription payments and on five occasions he had made payments by cash. According to him, he had in all paid Rs.3,39,170/- to the defendant towards subscription of the three chit groups. It was his further case that defendant did not repay the amount and therefore he was liable to pay the amount with interest thereon at 12% p.a. from the date of the suit till the date of realization with costs.