G. KRISHNA MURTHY Vs. OSWAL INVESTMENTS FINANCIERS

JUDGEMENT

(1.) Plaintiff is O.S.No.1017/2000 on the file of 16th Additional City Civil Judge Court, Bengaluru has preferred this appeal challenging the judgment and decree passed in the said suit dtd. 12/1/2006.

(2.) It was the case of the appellant-plaintiff before the Trial Court that he borrowed a sum of Rs.60,000.00 from Respondent No.1 for purchase of lorry bearing Reg.No.CAM-2204. He agreed to repay the said amount in 12 months equal instalments with interest. The amount of each instalment was Rs.7,400.00. The appellant paid the entire amount of instalments and last instalment was dtd. 24/1/2000 and he paid in all Rs.88,800.00.

(3.) It was the further case of the appellant that on 4/2/2000 at about 11.30 a.m., near Kamakshipalya at Sunkadakatte, Bengaluru, the first respondent without prior notice or intimation forcefully has taken away the said vehicle on the ground that as per the Hire Purchase Agreement, entire amounts were not paid Appellant has not obtained loan on hire purchase agreement. Therefore, acts as Respondent No.1 was illegal.