LAWS(CHH)-2019-3-264

JITENDRA KUMAR SAHU Vs. LAXMI NARAYAN SHARMA

Decided On March 28, 2019
Jitendra Kumar Sahu Appellant
V/S
Laxmi Narayan Sharma Respondents

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 8-7- 2003 passed by the 1st Additional District Judge, Ranjnandgaon (CG) in Civil Suit No. 7-B of 2001 wherein the said court dismissed the suit filed by the appellant for recovery of the amount to the tune of Rs.87,126.88.

(2.) The appellant/plaintiff had purchased Omni Bus bearing registration No. CIT/8149 after obtaining financial assistance of Rs.2,00,000/- from respondent No.3/defendant No.3 some time in the month of April, 1996. The appellant was earning livelihood by plying the bus between Rajnandgaon and Dhamtari. As per version of the appellant, he repaid the entire amount of loan to the respondent No.3 by October, 1998 and in case any amount is proved to be due to the respondent No.3, he is ready and willing to pay the same. The said vehicle met with an accident as a result of which appellant had to put the vehicle for repairs in the garage of the defendant/respondents No. 1 and 2. Respondent No.2 handed over the vehicle to respondent No.3 without concurrence of the appellant. The appellant suffered loss of Rs.75,500/- for such illegal dispossession that is why suit was filed which was dismissed by the trial Court.

(3.) As per version of the respondents No. 1 and 2, the appellant had sold the vehicle to one Prakash Dillan in their presence for sum of Rs.35,000/-, therefore, they are not liable to pay any sum to the appellant.