MALKHAN SINGH Vs. KIRAN DEVI AND ORS.

JUDGEMENT

(1.) By this first appeal under Section 96 of the Civil Procedure Code, 1908 (in brevity 'Code'), the appellant has challenged the legality and propriety of the judgment and decree dated 18-11-2002 passed by the 3rd Additional District Judge; Raipur, CG an Civil Suit No. 81-B/2002 whereby and whereunder learned Court below has dismissed the suit filed by the plaintiff (appellant herein) for realization of balance sale proceed of Rs. 1,00,000/-. Learned lower court also ordered that as the plaintiff/ appellant failed to prove its claim hence his claim is dismissed with costs.

(2.) On 16-2-2000, the appellant/plaintiff sold a shop measureing 6 x 17 = 102 sqft which is a part of municipal house No. 17/385 situated at Station Road, Raipur to defendants/ respondents and gave possession for which for balance sale proceeds of Rs. 1,00,000/-, respondent No. 1 gave a cheque bearing No. 31590 dated 16-2-2000 for a sum of Rs. 1 lac to the plaintiff. It was mutually agreed between the parties that registration of the sale deed will be executed after payment of remaining sale proceed Rs. 1 lac by the defendants/respondents. Said cheque was dis-honoured on 3-3-2001. Appellant/ plaintiff immediately informed respondents/ defendants regarding dishonour of the cheque. The appellant/ plaintiff demanded many times the remaining sale proceed of Rs; 1 lac but the defendants/respondents merely gave assurances and not the money. On 15-1-2001 defendants No. 2 Sunil Jain gave a cheque No. 56222 for a sum of Rs. 25,000/- to the plaintiff/appellant but the said cheque was also dishonoured by the bank which was orally informed to the respondents immediately. As the defendants/ respondents were not paying remaining sale proceed of Rs. 1 lac, a notice dated 29-1-2000 and 28-12-2001 were given to the respondents. When they did not pay the amount, the plaintiff appellant filed the a civil suit before the Court below for realization remaining sale proceed of Rs. 1 lac, interest at the rate of 12% per year from the date of presentation of the suit till payment and costs of the suit.

(3.) The defendants / respondents remained exparte before the trial Court.