SURESH GEHLOT Vs. CHANDER PRAKASH KUSHWAHA

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 28.04.2008 which had reversed the findings of the trial Judge dated 09.02.2007. Vide the judgment and decree dated 09.02.2007, the suit of the plaintiff Chander Prakash Kushwaha seeking recovery of Rs.1,76,000/- had been dismissed. The impugned judgment has reversed this finding. Suit stood decreed.

(2.) THE case of the plaintiff is that he was doing the business of sale and purchase of property. THE defendant was also in the same business. THE plaintiff entered into a transaction for sale and purchase of plot bearing No.S-118, Mohan Garden, Delhi which was owned by the defendant. In this context, a sum of Rs.2 lacs was paid by the plaintiff to the defendant. This deal did not mature.

(3.) ON the pleading of the parties, the trial court had framed 10 issues. Oral and documentary evidence was led. The trial Judge had held that there is no privity of contract between the parties; suit of the plaintiff stood dismissed.