BT.AGASHE Vs. SMT.ASHA DEVI SHARMA

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 10-10-2002 passed by 4th Additional District Judge, Raipur (CG) in Civil Suit No.60-B/2001 wherein the said court dismissed the suit filed by the appellant/plaintiff for recovery of the amount to the tune of Rs.51,320/-

(2.) As per the appellant/plaintiff, he entered into agreement of tenancy with the respondent/defendant whereby he has been offered to obtain accommodation at village Changorabhata, Raipur under the name and style of "Mohini Palace". The said accommodation was consisting of Hall and rooms at monthly rent of Rs.8,000/- to which the respondent agreed and the agreement was drawn up. Pursuant to the terms, the appellant made an advance of Rs.25,000/- on 29-10-1998. Since the accommodation required some repairs, therefore, possession of the accommodation was delivered on 1-4-1999. Since the repairs needed in the accommodation required expenses, appellant was asked to pay further sum of Rs.25,000/- which was also paid by the appellant to the respondent through her husband. The appellant wished to open an industrial training institute in the said accommodation and had applied for proper sanction from the concerned authorities. On inspection of the spot by a team from Central Labour and Employment Department, permission was negated on the ground of non-suitability of the accommodation. The appellant delivered back the possession of the accommodation to the respondent on 26-7-1999 and by notice asked for the refund of the deposit of Rs.50,000/- along with interest. On non-reply he filed a suit before the trial Court which was dismissed.

(3.) Learned counsel for the appellant would submit as under: